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Legal Notices: Privacy, Terms & Conditions

Privacy Policy

OzWebMagic | New Wave Technologies Pty Ltd (ACN-079014047) complies with the requirements of the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000.

OWM Web Site
  1. When you visit our web site http://www.ozwebmagic.com.au/ OR http://owm.ozwebmagic.com.au, OzWebMagic (OWM) may record click-through data in the form of anonymous information about your visit at our host provider's server.
  2. OWM may log the following information for statistical purposes - your server address, your top level domain name (e.g. .com, .gov, .au, .uk etc), the date and time of your visit, the pages accessed and documents downloaded, and the type of browser used. This information is not specific to an individual and is used for system administration purposes, as well as statistical analysis. While this anonymous information does not tell us anything about you specifically, it does tell us about how you use our site.
  3. OWM may use JavaScript to enable some of the dynamic menus, page path generation and date inclusion and has catered for Netscape/Mozilla and Internet Explorer 5+. No personal information is captured or stored by these scripts, and the script source may easily be viewed by choosing the 'View Source' option in your browser.
  4. The OWM web site does not make use of 'cookies'. A cookie is a small text file that a server places on your hard drive to identify that subsequent requests to a site have come from the same user.
  5. Any external web sites linked to the OWM web site are not under our control and you are advised to review their privacy statement.
  6. No attempt is made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the Host server logs.
Web Design Business
  1. During the course of doing business with OWM, from the quotation stage through design, development, hosting (publishing) and maintenance, clients will hand over various documents, files and images and pictures.
  2. This data will be held by OWM during the course of the design, hosting and maintenance process. This information and data will be returned upon your request, otherwise will be held on file for a period of seven (7) years, when it will be either returned or destroyed, depending upon the customer request.
  3. No client information is made available to any 3rd party without the express permission of the client . The only time any of this information will need to be shared is during the Domain Name registration and Hosting processes carried out on your behalf, and when working with 3rd party service providers as part of a defined project.
Access to Personal Information
  1. In accordance with the Privacy Act, you can access your personal information held by us, and advise us if you believe it is inaccurate, incomplete, or out of date. You can request access to the personal information that we hold by writing to The Director, New Wave Technologies.
Complaint
  1. If you consider that your privacy has been breached, please contact the Manager at the above address. If you consider that we have not resolved the issue, you may refer the matter to the Privacy Commissioner's Office.
Marketing Lists
  1. Information collected via electronic forms or through email will only be used for the purpose for which you have provided it.
  2. Your details will not be added to any mailing lists and we will not use your email address or other personal/business information for any other purpose.
  3. We will not disclose this information without your written consent, unless required to by law.
  4. Client and subscriber email address will be used to send out our regular newsletter.
  5. In accordance with the Spam Act 2003 this Newsletter will contain an unsubscribe link.
Information Collected
  1. It is your responsibility to ensure that your personal information is up to date by notifying us of any changes to the details we hold about you.
  2. However, OWM will take all reasonable steps to make sure that the personal information it collects is accurate, complete and up-to-date.
  3. OWM does not require you to verify certain personal information for any account enquiry.
  4. OWM does request that you check your details in any of its communications to you.

Terms & Conditions
Goods & Services Supplied By OzWebMagic

  1. All services provided by OzWebMagic (OWM) to the Client are subject to the following terms and conditions. OzWebMagic is an operating arm of Australian Company, New Wave Technologies Pty Ltd (ACN-079014047).
Product Sale & Pricing
  1. OWM operates an online store on its web site (www.ozwebmagic.com.au) that provides product details, pricing and related terms for each product it sells to clients through the store.
  2. Prices for all OWM products and services are in Australian Dollars and are inclusive of GST (where applicable).
  3. Where products or services are not sold through the online store, they will be provided to clients through an invoice stating the services offered, the pricing details and the payment terms.
  4. This includes all outcall services (troubleshooting, training, tutoring, consulting, etc) and all proposals/quotations provided that are for work not covered by the standard product offerings included in the OWM online store.
  5. All proposals/quotations supplied by OWM are valid for one month, unless stated otherwise, and include details on labour and non-labour inclusions, pricing and related payment terms.
  6. For web design and development work to proceed, the client must agree to a proposal in writing in the form of a letter or email sent to the OWM address in the proposal/quotation.
Payment Terms
  1. For all goods and services purchased through the OWM online store, unless otherwise stated, the client will prepay the full amount owing before the commencement of work relating to these goods and services.
  2. For all other goods and services (including work relating to custom proposals/quotations and custom support services, but excluding outcall services), unless otherwise stated, OWM will invoive the client for the work and the client will prepay the full amount owing before the commencement of work relating to these goods and services.
  3. For all outcall services, unless otherwise stated, the client will be pay the full amount owing, immediately upon issue of an invoice/receipt following completion of the work. The client will be notified by OWM of this requirement prior to OWM commencing the work.
  4. Payments can be made by cash, cheque, paypal or direct bank deposit.
Cancellation
  1. Should the client wish to cancel an order for OWM goods and services at anytime prior to completion, OWM will invoice the client for any work completed to that date.
  2. If the invoiced amount is less than the prepaid amounts received from the client, OWM will reimburse the balance, except that OWM shall retain not less than twenty five percent (25%) of the agreed project amount as a cancellation fee.
  3. The client must advise OWM by telephone and in writing of the request to cancel the work.
Web Site Content

This requirement applies to web sites designed and constructed by OWM and/or web site's hosted by OWM. OWM will comply with all requests from Australian and State Government authorities to close down any site under its control.

  1. Clients are required to ensure that the content of their web site complies with Australian legislation regarding web sites and publications.
  2. The client shall further indemnify OWM in respect of any claims, costs and expenses that may arise from any material included in their web site by OWM at the client’s request.
  3. OWM reserves the right not to include any material supplied by the client if OWM deems it inappropriate or offensive or host any website that contains such inappropriate or offensive material.
  4. Any web site hosted by OWM that is found to contain inappropriate or offensive material will be closed down. Once the inappropriate or offensive material has been removed the site will be re-published.
Web Site Maintenance & Support
  1. OWM will perform regular website maintenance and provide ad-hoc web support when requested. All such services will be prepaid through the OWM online store web support service.
  2. Any changes/additions/deletions to the site, eg. text, pages, photos, graphics, tables, etc, will be charged at an hourly rate. Web support may be purchased in prepaid blocks of 4 hours.
  3. Clients requiring regular maintenance to their site can choose to establish an annual maintenance contract, these contracts are site specific and details will be negotiated with individual clients.
Web Site Alterations
  1. OWM will not accept any responsibility for any alterations performed by either the client or a third party. Such alterations include, but are not limited to, additions, modifications and/or deletions.
  2. If OWM is required to correct any errors resulting from such alterations, the client will be charged at the current hourly rate.
Errors & Liability
  1. OWM will exercise all due care to ensure that web sites that it worls on are free of errors.
  2. OWM will correct any errors made by it in the course of working on client web sites.
  3. It is essential that the client carries out a full review of the web site prior to publishing as a "live" site. Testing will be carried out in a secure "offline" mode. Once the client takes responsibility for content and operation and any final payments are complete, the web site will be published in its "live" online mode.
  4. OWM does not accept any responsibility for losses or damage arising from errors within any site, or for losses or damage arising from a site that is not placed “live” on the Internet.
Copyright
  1. The client will obtain all necessary permissions and authorisations in respect of the use of all copy, graphics, registered company logos, names and trademarks, or any other material supplied by the client to be placed on the web site by OWM.
  2. Supply of abovementioned material by the client shall be regarded as a guarantee by the client to OWM that all such permissions and authorisations have been obtained.
  3. No responsibility will be accepted by OWM for damages to or losses incurred by the client from the use of material for which the required permission or authorisations has not been obtained.
  4. No responsibility will be accepted by OWM for damages to or losses incurred by the client from the use of client-supplied material which may or may not have been plagerised by the client.
  5. All original graphics designed and supplied by OWM, remain the property of OWM until the client's account has been paid in full, at which time ownership and copyright of said graphics will reside with the client.
Renewals - Domain Name & Web Hosting
  1. OWM will advise clients of domain name and hosting account renewal by issuing a renewal notice and invoice, two months notice prior to account expiry.
  2. OWM will issue a reminder email one week prior to account expiry.
  3. If OWM has not received the invoiced payment by the account expiry date, the client's hosting account will be suspended for one week whereupon the account will be terminated. 
  4. Recovery of terminated and/or expired accounts will attract a setup fee and recovery will proceed only after all such invoiced fees have been paid.
  5. OWM will not be held responsible for any consequent loss or damage associated with termination and/or expiry of a hosting account and/or a domain name account through non-payment of an issued renewal invoice.
Disclaimers
  1. OWM will use all reasonable efforts to include accurate and up-to-date information on www.ozwebmagic.com.au and all OWM customer web sites, but OWM assumes no responsibility for the accuracy of such information and such information is subject to change at any time without notice.
  2. OWM makes no warranties or representations of any kind with respect to information on www.ozwebmagic.com.au and all customer web sites, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
  3. All users agree that all access to and use of www.ozwebmagic.com.au and any linked web site and the content thereof is at their own risk. Neither OWM nor any party involved in creating, producing or delivering www.ozwebmagic.com.au and all OWM client web sites shall be liable to any person for any direct, incidental, special, consequential, indirect or punitive damages arising out of access to, use of, reliance on or inability to use www.ozwebmagic.com.au and all OWM client web sites, or any errors or omissions in the content thereof.