Last updated on January 24, 2016
By placing an order with Doodle Inc, you confirm that you are in agreement with and bound by the terms and conditions below:
These Terms of Service (the “Agreement”) are an agreement between Doodle Inc (“Doodle Inc” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Doodle Inc and of the doodleinc.com.au website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies:
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you build a website with us, then the Website Development Agreement will also apply to you and would be incorporated herein.
The Client: The company or individual requesting the services of Doodle Inc.
Doodle Inc: Primary designer/site owner & employees or affiliates.
- By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Doodle Inc is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Doodle Inc will carry out work only where an agreement is provided either by email, telephone, mail or fax. Doodle Inc will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Doodle Inc and the client, this includes telephone and email agreements.
Email is our primary method of contact with regard to all communication for your websites design and development. It is the client’s responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Doodle Inc cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Doodle Inc, unless agreed otherwise and all outstanding accounts are paid in full.
Any graphics, scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Doodle Inc remain the copyright of Doodle Inc and may only be commercially reproduced or resold with the permission of Doodle Inc.
Doodle Inc cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Doodle Inc and where no charge is made by Doodle Inc for such additions, Doodle Inc accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Doodle Inc all materials required to complete the site to the agreed standard and within the set deadline.
- Doodle Inc will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- Doodle Inc will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
- Doodle Inc will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
- Doodle Inc will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Once a website (or any requested changes) has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Doodle Inc cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any graphics, scripts, cgi applications or software (unless specifically agreed) written by Doodle Inc remain the copyright of Doodle Inc and may only be commercially reproduced or resold with the permission of Doodle Inc.
Where applications or sites are developed on servers not recommended by Doodle Inc, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Doodle Inc before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Doodle Inc will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
*Doodle Inc provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times. If you wish to remain confidential, please let us know. We place a small text link on the footer of our client’s website that simply states the website was designed by Doodle Inc and links to our website. This link can be removed, if required at extra charge.
We offer limited hosting services by buying our server space. In this way we keep our hardware secured and up to date with the technology, security and speed. In General, this service guarantee for an annual average of 99% network availability for their infrastructure. Should you require any additional information, please contact us for further details.
Data Transfer and Search Engine Optimization
Whilst Doodle Inc uses hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Doodle Inc cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Doodle Inc Ltd do not take any responsibility for a client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client’s website, there could be a change in the websites search engine ranking.
Hosting Payment Policy & Billing Procedures
Unless otherwise provided, you agree that until and unless you notify Doodle Inc of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card (via Paypal) or other billing information on file with us.
Doodle Inc hosting is monthly renewable. All accounts are set up on a pre-pay basis. We accept payments via Direct deposit (preferred) and PayPal. Setup fees are not charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment for the term of the payment. Doodle Inc reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Doodle Inc to request termination of services.
Permitted CPU and Disk Usage
All use of hosting space provided by Doodle Inc is subject to the terms of this Agreement and the Acceptable Use Policy. Our shared hosting space may only be used for web files, active email (if applicable) and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Doodle Inc expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Doodle Inc may, in its sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Doodle’s terms and conditions.
Except for User Content (as defined below), all content available through the Doodle Inc Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Doodle IncContent”), are the proprietary property of Doodle Inc or Doodle’s licencors. Doodle Inc Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Doodle Inc Content. Any use of Doodle Inc Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Doodle Inc Content. All rights to use Doodle Inc Content that are not expressly granted in this Agreement are reserved by Doodle Inc and Doodle’s licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Doodle Inc that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Doodle Inc a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Doodle Inc does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Doodle Inc exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Doodle’s computers, network hubs and points of presence or the Internet. Doodle Inc does not monitor User Content. However, you acknowledge and agree that Doodle Inc may, but is not obligated to, immediately take any corrective action in Doodle’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Doodle Inc shall have no liability due to any corrective action that Doodle Inc may take.
Backups and Data Loss
Your use of the Services is at your sole risk. Doodle’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only as a courtesy and may be modified or terminated at any time at Doodle’s sole discretion. Doodle Inc is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
Third Party Providers
Doodle Inc may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Doodle Inc does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Doodle Inc is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Payment of Accounts
A deposit is not required from any new client before any work is carried out. However Doodle Inc expects potential clients to act in good faith and to continue to work with Doodle Inc after they are satisfied with the initial results. It is the Doodle Inc policy that any outstanding accounts for work carried out by Doodle Inc or its affiliates are required to be paid in full, no later than 10 days from the date of the invoice unless by prior arrangement with Doodle Inc.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Doodle Inc have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in Victoria court procedures being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary Court Attendance Notice.
Passing of Rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 10 days from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
Cancellation and Termination
We offer the first 30-day money back guarantee on our website development/hosting service. If a request is submitted online for immediate cancellation within the first 30 days a refund will be issued. Domain registrations, setup fees and migration fees are not refundable.
Discounts and Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Customers who desire a refund on a prepaid account will be re-billed at the regular price as opposed to any discounted price due to the use of a coupon. Only the difference between the prepaid amount and the re-billed regular price will be refunded. All payments to Doodle Inc are non-refundable and refunds are not offered for partial months of service. Accounts that are terminated due to Terms of Service violations are not eligible for a refund. Service credits have no cash value.
All payments to Doodle Inc are non-refundable. All overcharges or billing disputes must be reported within 21 days of the time the dispute occurred. Domain name registrations are non-refundable. If you discover an error on your invoice please notify us as soon as possible by either calling or submitting a ticket to our Billing Department. If more than 21 days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice.
Payment is due each anniversary month or period following the date the account was established. Most of our clients uses Paypal so the payment is automatic. If you wish to terminate your website plan before the next payment date please let us know by email before the renewal date (preferably at least 10 business days). If a cancellation of Doodle Inc services is not confirmed, the next charge will be done automatically and can not be refunded so please let us know well in advance.
Doodle Inc hosting is monthly renewable. The hosting renewal charge must be received within 10 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of 50 AUD for reactivating the website/hosting.
If the client does not wish to renew the hosting, we will dispose all data associated with the project. In certain cases and at the sole discretion of Doodle Inc, some site files and associated data can be made available to the client on request (subject to charge) and the domain name can be transferred to the client’s registrar account (if we own the domain name after we purchased it for our client use, subject to charge, and at sole discretion of Doodle Inc).
If the client does not use Doodle Inc hosting services, then the management and hosting of the domain name are the full responsibility of the client. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge. If required, a domain name will be registered by Doodle Inc on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable time frame.
Doodle Inc will not tolerate any form of harassment against it’s employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.
Doodle Inc may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Doodle Inc or others or cause Doodle Inc or others to incur liability, as determined by Doodle Incin our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Doodle Inc shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Doodle Inc may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Doodle Inc reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information you provided to Doodle Inc through emails or through other methods of communication, including notices sent or posted by Doodle Inc.
Anyone who experiences a problem with their web service provided by Doodle Inc should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Doodle Inc will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Doodle Inc, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Doodle Inc and User are independent contractors and nothing contained in this Agreement places Doodle Inc and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Doodle Inc shall not be responsible for any damages your business may suffer. Doodle Inc makes no warranties of any kind, expressed or implied for the Services. Doodle Inc disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Doodle Inc or our employees.
Limitation of Liability
IN NO EVENT WILL DOODLE, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF DOODLE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DOODLE’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DOODLE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, DOODLE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. DOODLE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. DOODLE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.