Terms of Service

Welcome to www.whtvr.com.au / www.whtvr.co (this “Site”). We provide the services available on this Site to you subject to the following terms of service agreement (these “Terms of Service”). By accessing and using this Site, you acknowledge and consent to these Terms of Service.

1. Privacy Policy Please review our Privacy Policy, which forms a part of these Terms of Service and governs your visit at this Site, so that you may understand our privacy practices.

2. About WHTVR WHTVR is an online website business published by NKCO Pty Ltd ABN 36 167 813 756

3. Intellectual Property All content available on this Site, including, but not limited to, photos, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of WHTVR, our partners or licensors, and is protected by Australian and international copyright laws. The trademarks, logos, and service marks displayed on this Site (collectively, the “Trademarks”) are the registered and unregistered marks of WHTVR, our partners or licensors, and are protected by Australian and international trademark laws. Except as required under applicable law, neither the Content, the Trademarks, nor any other portion of this Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

WHTVR reserves the right to retain 100% ownership of all materials and services provided by or through WHTVR, our affiliates, subsidiaries, partners, employees and licensors including but not limited to the WHTVR WordPress framework, software, informational text, design of and “look and feel” layout, instructions, our support and knowledge base. To guarantee the security and safety of your site and to avoid mistreatment by yourself and/or a third party, WHTVR remains the sole master admin of your site. You hereby grant WHTVR a worldwide, royalty-free, non-exclusive license to use your site and/or brand identity to showcase our portfolio of work host and hereby represent and warrant that you have all the rights necessary to grant us such license.

4. Your Obligations and Responsibilities In the access or use of this Site, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on this Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to this Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of this Site. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or wilfully in any of the obligations set forth in these Terms of Service (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to WHTVR, our partners or licensors. You are legally responsible for all your content including the upload, posting and storage and ensuring that it is in accordance with local and global legal and privacy policies.

WHTVR is not responsible for your content. You agree to provide your content as per our content guidelines. Once your site is live, you are encouraged to archive and update your content regularly and frequently. There are times where we will require you to give us access to or provide login and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.

When the WHTVR team hand over your site to you, you will be solely responsible for the ongoing maintenance and operation of your website through the WHTVR unique platform that we have used to design and develop for you, based on the WordPress Content Management System. WHTVR takes no responsibility for additional changes to your website once the final version has been approved by both WHTVR and yourself. Any additional changes after the site transfer to yourself will incur charges. Within seven days of your site being published, we accept that we have a commitment to provide you with your login and instructions for your WHTVR WordPress site.

WHTVR Platform – Our Framework provides you with an easy to update website that has been carefully crafted and tailored to your brand. The WHTVR website Framework belongs to us. You are not allowed to copy it, sell, assign, sublicense, create derivative works or to use it for any illegal purposes. You agree not to duplicate, copy, sell, resell, exploit, reproduce, loan, distribute, repurpose, reverse engineer, republish or transfer any portion of the WHTVR Framework, use of the Framework, or access to the Framework without the express written permission by WHTVR.

Your website is designed and built on the WHTVR Framework and is owned by WHTVR and may only be operated, run and installed on the WHTVR Servers and cannot be transferred to another hosting server. By signing up to WHTVR, you hereby agree to these terms and any misuse, re-creation or attempt at re-creation will assume violation of your rights to your WHTVR website and a violation of our terms of service.

5. Third Party Links We are not responsible for the content of any sites linked to or from this Site. Links appearing on this Site are for convenience only and are not an endorsement by us or our partners of the referenced content, product, service, or supplier. Your linking to or from any other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of any other sites linked to or from this Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other sites that you visit.

6. Representations and Warranties; Limitation of Liability This Site is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms of Service or this Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to this Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of links on this Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of this Site, including during link to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to this Site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

7. Indemnification You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of this Site, including your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

8. Cancellation Fee Upon confirmation by the user for WHTVR to commence work on their website, we require 100 per cent pre-payment, due prior to any work commencing, 50 per cent which is non-refundable. Any additional charges that are incurred for the users website are the sole responsibility of the user, these include but are not limited to the purchase of images, videos, fonts, etc. Any such purchases that are cancelled after confirmation to proceed to purchase will incur a 100 per cent cancellation fee.

You agree that your monthly hosting fees are payable annually with payment to be received at the commencement of your project. We will advise you if exceed the hosting requirements for your selected package and will arrange with to upgrade your hosting package and charge you accordingly for the updated hosting fees. Hosting with WHTVR benefits from a no hassle hosting arrangement: We use state of the art local hosting with a 99.9% uptime guarantee and a rapid real person response support team. Your website is managed from your browser, with absolutely no software to install. As a WHTVR client who has signed up to host with you get exclusive access to your own WHTVR support and knowledge base and will be provided with a login on completion of your site. Additionally WHTVR agrees to provide updates to your WordPress platform that are suitable for your theme.

If you do, for whatever reason, choose not to host with WHTVR, you agree that your site will not benefit from WHTVR providing (on behalf of WordPress) regular updates to the WordPress platform, nor access to our WHTVR support and knowledge base or other WHTVR client hosting exclusive services and products. All sites that are not hosted with WHTVR will incur a fee, at our discretion, to transfer across to the hosting account that you have provided. To avoid delay in transferring your site from our development server to your live server you will provide Domain management and FTP login details to us at the commencement of your project.

9. Refund Policy for Design & Development Services All Website design and development sales and other design work carried out by WHTVR (such as but not limited to hosting fees, branding, photography and other graphic design) are final. Design mockups and development sites are only created and approved after a full pre-payment has been received and in some cases an agreed percentage deposit of the total invoiced amount. All clients must sign up via the WHTVR Get Started online form http://made.whtvr.co/get-started/ whereby they are required to acknowledge that they have read WHTVR’S Terms of Service. This acknowledgement is deemed a legal contract between both parties. Any amendments to our standard Terms of Service and within that our Refund Policy must be negotiated and agreed to by both parties in writing prior to production. WHTVR may choose to honour a whole or part of a refund request in some cases and will do so at our discretion.

10. Full Terms of Service Should you require a copy of WHTVR’s full terms of service, please request them at info@whtvr.com.au.