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Terms and Conditions

By ordering any service from Tuen Productions including but not limited to web design services, domain name registration, website hosting, email and email list, ecommerce website, you agree to the following terms and conditions.

1. Tuen Productions reserves the right to refuse service and /or access to its products and servers to anyone, without giving a reason.
2. Tuen Productions reserves the right to suspend or cancel a customer's access to any or all services provided by Tuen Productions when Tuen Productions decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
3. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away Tuen Productions services to other parties.
4. Tuen Productions does not allow any of the following content to be stored on its servers:
a. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
b. Scripts - Any Script that creates a load on the server will be removed.
c. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of Tuen Productions.
d. Pirated software, including ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Website Design
1. You will be provided with a simple but elegant design for your website, included in the package price. Any changes to the design or additional functionality of the website are subject to additional charges, to be mutually agreed to by yourself and Tuen Productions. You can request a reasonable number of changes to the colours until the design is to your satisfaction, approx 2-3 is normal.
2. All online shopfronts will be delivered with up to 10 products ready for sale. The customer is responsible for inserting additional copy/products etc. Tuen Productions can provide this service at additional cost to be mutually agreed upon.
3. Basic manuals and help files will be provided online to assist the customer insert additional products, prices, attributes and descriptions into the website.
4.Tuen Productions is not responsible for improving or increasing your online sales, nor in ensuring that you are listed on the search engines of your choice. Listing in search engines, unless you actually pay for a guaranteed slot, is entirely at the discretion of the various search engines and the algorithms which the 'spiders and crawlers' of the search engines use to search the internet. Apart from the companies that actually run the search engines, no other company or firm can guarantee your listing.
5. After the initial installation and setup of your online shopfront or web site, your online shopfront or web site will be self managed and Tuen Productions is not responsible for any copy, editing or updating of your website. Tuen Productions is under no obligation to do any work on your website unless contracted to do so.
6. Tuen Productions has a business hours help desk available by phone or email, in the event that your web site encounters problems due to bugs or configuration errors.

Web Site Hosting
1. Tuen Productions websites are designed & built using quality open source software, and hosted on third party secure servers.
4. Hosting and maintenance of your websites is prepaid and billed annually. Please ensure you are paid up by the due date to avoid suspension.
5. Failure to pay hosting and maintenance fees will result in your website and emails being suspended. You can transfer your domain and website away from Tuen Productions, but then we will no longer be able to assist you if any problems arise with your websites.

Domain Registration
1. Tuen Productions does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

Payment Policies
1. All accounts are set up on a prepay basis. Although Tuen Productions reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
2. Website design payment is due in full before setup and installation of your ecommerce website or online shopfront.
3. Hosting and maintenance payment is due on each yearly anniversary on the date the hosting account was ordered. Customers will automatically be billed at the end of their prepay period unless written closure notification has been given to Tuen Productions 15 days in advance.
4. Where the account holder provided debit or credit card details and the debit is declined, Tuen Productions may immediately suspend the service until the outstanding charge is processed successfully. In addition, Tuen Productions reserves the right to suspend other services until the outstanding debt is cleared.
5. The customer is responsible for all money owed on the account from the time it was ordered to the time that the customer sends a written cancellation request.
6. No bills or invoices will be sent by regular mail. All invoices will be sent to customers via email shortly after the purchase has been made, unless you specifically request otherwise.

Cancellation and Refunds
1. All deposits paid are non-refundable.
2. Tuen Productions reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes these terms of service, no refunds of any kind will be given.
3. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. No refund is applicable for customer cancelled services.
4. Fees charged on a prepay basis are non-refundable. Set-up fees and charges are also non-refundable.

Governing Laws
This agreement shall be governed in all respects by the laws of the State of Victoria, Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

The customer agrees that it shall defend, indemnify, save and hold Tuen Productions harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against Tuen Productions, its agents, its customers, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless Tuen Productions against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tuen Productions websites; (2) any material supplied by customers infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from Tuen Productions websites and any defamatory or allegedly defamatory material on Tuen Productions servers.

Tuen Productions will not be responsible for any damage, loss or liability the customer or any third party may suffer. Tuen Productions makes no warranties of any kind, expressed or implied for services we provide. Tuen Productions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tuen Productions and its employees or otherwise. Tuen Productions reserves the right to revise its policies at any time.

This page was last modified on Sunday 02-Nov-08

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