Privacy & Security | Fearn Web Design | Web Design - Hosting - Marketing

Privacy and Security Information.

View the full terms and conditions of service

Privacy & security introduction.

Collection and use of information.

Our mailing list and your information

Cookies & banner ads.

Security information

Terms & conditions

Complaints procedure

Closing statement

View printable terms and conditions - UK Version [doc format]

View printable terms and conditions - UK Version [pdf format]

View printable terms and conditions - Australian Version [doc format]

View printable terms and conditions - Australian Version [pdf format]

Introduction.

At Fearn Web Design we are dedicated to protecting your personal information, we have issued this privacy statement to demonstrate our commitment to you. This statement is designed to help you to understand how and why we collect information from you, to whom this information is disclosed and what your rights are.

You can access our Web Site home page and browse our site without disclosing your personal data.

For services in Australia, please print out our full terms and conditions - Australia Version [doc format]
For services in the United Kingdom, please print out our full terms and conditions - UK Version [doc format]

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Collection & Use of Information.

If you wish to place an order with Fearn Web Design we will require some basic information i.e. your name, address & e-mail address. Without this information we will be unable to process your order.

Your contact information may also be used during the billing process and for delivery purposes. It is worth while giving us a contact phone number in case we experience any difficulties whilst processing your order. If you decide not to give us a contact phone number we will endeavor to contact you by e-mail should any problems arise.

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Our Mailing List and Your Information.

We may on occasion e-mail or write to you with special offers, sale information or new product information. If you wish to opt out of this service please e-mail us at service@fearnwebdesign.com with the subject line "Unsubscribe" or write to us at the address below.

We aim to read and respond to every e-mail sent to us within 48 hours of its receipt. Normally we will delete any e-mails we have dealt with as soon as we have replied, on occasion we may retain e-mail messages which you send to us. We will only do this if we think we may need the information for reference again at later time.

We aim to keep our records accurate and up to date, if your personal information changes (i.e. your address or e-mail address) you may e-mail us or contact us on the phone number or address below with your new details. If you wish us to delete any records that we hold about you, again e-mail or write.

Under the Federal Privacy Act 1988 [Au] (Data Protection Act 1998 [UK],) you have a right to access any information we hold about you. If you wish to gain access to this information write to us at the address below. We are happy to provide you with a copy of any information we hold about you, however we will require a proof of identity and it may take up to thirty days.

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Cookies & banner ads.

For each visitor to our Web Site, our web server may collect your internet service provider's address (but not your personal e-mail address,) this is done by the majority of web sites and is only used by us for internal statistical information.

With respect to cookies, we only use cookies to record session information, such as items that you add to the shopping basket.

We do not collect any information via cookies, nor do we use Banner Ads.

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Security information.

Fearn Web Design are committed to providing full security through our on-line payment system. Whenever you place an order or make a payment with Fearn Web Design we use industry standard secure socket layer (SSL) technology. This software ensures that information that you input is encrypted before it is sent to us.

Much of the site is not secure as no information is actually being exchanged; therefore no security risk exists. Pages that are not secure include the homepage, about pages and general information pages.

Security information.

If you are making an online payment you will be directed to our checkout area. Our checkout area is in a secure environment and your browser will confirm that you are using a secure connection by showing either a locked yellow padlock or an image of a key in the bar at the base of your screen.

We process your orders regularly and delete them from our server as soon as they have been processed.

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Complaints.

Fearn Web Design aim to deal with all complaints as efficiently and effectively as possible. In the first instance, your complaint should be emailed to service@fearnwebdesign.com.

If you prefer you may call our customer service team on +61 (0)7 3102 3434 [Au] or +44 (0)161 4080 932 [UK]. If we are unable to take your call an answering service is available.

We will endeavor to acknowledge and deal with any emailed, mailed or telephoned complaint within 5 working days of receipt. If we are unable to deal with your enquiry within this period we will advise you of a likely timescale and keep you informed of any information as soon as possible.

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As we said at the beginning of this statement we are dedicated to protecting your information.

If you feel that we are not following our own stated policy in this respect, you may contact us by e-mailing enquiries@fearnwebdesign.com, calling us on +61 (0)7 3102 3434 [Au] or +44 (0)161 4080 932 [UK]
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Terms & Conditions

These terms and conditions apply to all transactions placed online, over the telephone, through the post or via e-mail with Fearn Web Design. By placing an order with us you will be deemed to have read, understood and agreed to these terms and conditions. If you are unhappy with any aspect of these, then you should contact us at service@fearnwebdesign.com or telephone +61 (0)7 3102 3434 [Au] or +44 (0)161 4080 932 [UK]. Australian law governs these terms and conditions and your use of our Web Site and you agree to submit to the non-exclusive jurisdiction of the Australian court. Nothing in these terms and conditions will be deemed to affect your non-excludable statutory rights.

This Web Site and our terms and conditions have been designed for use within Australia and under Australian law. Whilst we are happy to supply products and services outside Australia, we give no warranty, express or implied, that the use of this Web Site or the placing of any order through this Web Site from outside Australia complies with any applicable non-Australian laws or regulations. Accordingly, any products, services or promotions not permitted under your local law are not offered to you.

All references to the 'company', 'we', 'fearn.org.uk', 'fearnwebdesign.com', 'fearnwebdesign.com.au', 'fearn.info' or 'Fearn Web Design' will refer to Fearn Web Design. All references to 'you' or the 'customer' refer to the person or persons purchasing or agreeing to purchase goods or services from the company.

Fearn Web Design is a member of the AGDA – Anti-free pitching register and all Web Design contracts are covered by the IVCA Effective Partnerships Code of Practice. As such you agree to abide by this Code of Practice.

Estimates
We will supply you with an estimate of costs involved for the products or services you have requested prior to any work commencing.

Fearn Web Design are a Australia (Au) based company and as such any prices quoted in your local currency are for your convenience only, all work is charged in Australian Dollars then converted to your local currency at the time of invoice/purchase.

Fearn Web Design logo
All sites designed, redesigned or hosted by Fearn Web Design will contain a discrete link in either image or text form to the Fearn Web Design web site displaying that it has been designed and/or hosted by Fearn Web Design. If you do not wish for this link to appear or it is subsequently removed an additional fee of $200 is payable.

Cancellation
If the agreement is cancelled after work has commenced, the client will be liable for any costs for purchases or labour made on the clients behalf incurred up to and including the date of cancellation.

Trademark / intellectual property
The client unconditionally guarantees that any text, logos, graphics, photographs, designs, trademarks, or other items supplied are owned by the client, or that the client has written permission to use them from the rightful owner and indemnify Fearn Web Design from any claim or suit arising from the use of such items supplied by the client.

Payment Policies - Web Design
All accounts are set up on a 50% pre-pay basis & 50% on completion of project, unless other written terms have been agreed upon.

Accounts not settled within 7 days of a written, e-mailed or faxed notice or exceeding this time frame in any way is subject to immediate suspension. Domains will not be released to another hosting company until any and all outstanding amounts are paid. The customer is responsible for all monies owed on the account from the time it was established to the time that the customer notifies Fearn Web Design in writing to request the termination of services. All payment is in Australian Dollars. Where payment for services or design is overdue we reserve the right to charge interest at the rate of 10% per month, and also reserve the right to immediately suspend service, with a re-connection fee of no less than $200. We may charge you a reasonable fee to cover our time and administration costs if any payment you are required to make is not honoured by your bank or building society or credit card company, our current minimum charge is $50. All offers and prices quoted on our website are subject to written or e-mail confirmation.

Fearn Web Design provides Internet World Wide Web page hosting, marketing, and development. As such we have certain legal and ethical responsibilities consistent with the use of its servers and equipment involved in these services. Our general policy is to act as a provider of an internet presence. Our specific ethical concerns regarding the use of its computers are detailed below. Fearn Web Design reserves the right to suspend and/or cancel a customer's access to any or all services provided when we, in our sole discretion, decide that the account has been used inappropriately.

Fearn Web Design are a Australia (Au) based company and as such any prices quoted in your local currency are for your convenience only, all work is charged in Australian Dollars then converted to your local currency at the time of invoice/purchase. Payments via Credit / Debit cards or Paypal are subject to a 5% surcharge.

Hosting
All our hosting services are for a minimum period of twelve months and renew automatically unless notice of cancellation is made at least 24 hours prior to the renewal date. We will notify you by e-mail at least 7 working days before the expiry of this period.

Specific Acceptable Use Policies

Server abuse
Attempts to undermine or cause harm to a server, or customer, of Fearn Web Design is strictly prohibited.

Unauthorized use of other people's computers and/or accounts
Fearn Web Design will react to any use or attempted use of an internet account or computer without the owner's authorisation. Any unauthorized use of accounts and/or computers by a Fearn Web Design customer, whether or not the attacked account or computer belongs to Fearn Web Design, will result in action against the attacker. Actions by Fearn Web Design for any use or attempted use of an Internet account or computer without the owner's authorisation include warnings, account suspension or cancellation, and civil or criminal legal action.

Password Confidentiality
It is the responsibility of Fearn Web Design customers to keep the username(s) and password(s) that Fearn Web Design supply strictly confidential. If a customer discloses their password to a third party, any actions by the third party are the responsibility of the account holder. Fearn Web Design reserves the right to terminate the account with immediate effect, without refund if, as a result of these actions, there is is a breach in the agreed terms and conditions.

General Abuse
Any customer violating Fearn Web Design policies by abusing either space/site transfer by using more space than has been paid for, or using excessive bandwidth will be notified via email and given 7 days to remedy the problem or pay an additional fee. If the problem is not resolved within the allotted 7 day period, client hosting will be terminated. Fearn Web Design reserves the right to exercise its sole discretion in determining what constitutes a violation of this provision.

Chat Rooms
Clients are not allowed to install their own chat rooms onto our servers.

Email
In order to avoid unnecessary server traffic and maintain high performance for our mail servers the minimum period for mail collection on shared Fearn Web Design mail servers is 10 minutes. This allows sufficient time for server reboots to be performed with the minimum of errors. For dedicated servers there is no minimum period although normal bandwidth charges apply.

IRC
We do not allow IRC or IRC bots to be operated on our servers.

Freedom of speech and expression
Fearn Web Design believes in freedom of speech however we will not risk a law suit by hosting any "questionable material".
Examples include but are not limited to:

Any site advocating illegal activities.

Certain radical or cult style groups.

Any site specifically slandering another person or organization or another cultural, religious, or ethnic group

Posting any Warez-related material (pirated software, software evaluation cracks, etc.)

Any other questionable material, as determined by Fearn Web Design

Payment Policies - Hosting
All accounts are set up on a strictly pre-pay basis. Any account not settled within a 7 days of written, e-mailed or faxed notice or exceeding this time frame in any way is subject to suspension. No domain will be released to another hosting company until any and all outstanding amounts are paid and in the event that a transfer is made without our authority we reserve the right to charge and admin fee of up to $625. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Fearn Web Design in writing to request the termination of services. All payment is to be made in Australian Dollars. Where payment for services or design is overdue we reserve the right to charge interest at the rate of 10% per month, and also reserve the right to immediately suspend service, with a re-connection fee of no less than $163. We may charge you a reasonable fee to cover our administration costs if any payment you are required to make is not honoured by your bank or building society or credit card company, our current minimum charge is $50.

Cancellation
Fearn Web Design reserves the right to cancel service at any time. Any violation of policies will not receive a refund if we institute our right of cancellation. Any violation which results in extra costs will be billed to the customer.

Domain transfers
Transferring away - There are no fees to transfer a domain away from from us unless there are outstanding balances which must be settled prior to transfer.

Transferring to us - Just let us know the domain(s) and we will advise you of the procedures that apply to your domain(s). Where necessary we will supply you with a simple form to complete with all the correct information that you can send to your existing hosting company.

Most hosting companies now charge for transferring domains to and from them. It is not our intention to do this however if at a later date we decide to do this we will give the customer the option of transferring away at the next date of hosting renewal free of charge.

Fearn Web Design may be able to directly assist you in transferring your domain, hosting and email accounts.
We usually require a minimum of 2 weeks notice in order to provide this service, which is chargeable at our standard hourly rate.
Please be aware that the transfer process can take a number of days due to the amount of paperwork involved, some of which must be provided by the person transferring the URL, the person receiving the URL and ourselves as registrars. Fearn Web Design are not liable for any downtime experienced during a transfer period, however we will work hard to ensure that this down time is minimised.

More information on completing your transfer can be found here

Registration of Euro & Asia Domain Names Through EuroDNS
Fearn Web Hosting do NOT offer support for this service. Full support is available through the EuroDNS site. You will need to register with EuroDNS even if you are a registered Fearn Web Hosting member. We recommend only using this 3rd party service if your required domain name is not available directly through Fearn Web Hosting.

Lawful Purpose
Fearn Web Design reserves the right to refuse service to anyone. Customers may only use our server/s for lawful purpose. Transmission of any material in violation of any regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by the trade secrets act. Fearn Web Design expressly forbids anyone from using its servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of Fearn Web Design.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Fearn Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Fearn Web Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Fearn Web Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Fearn Web Design server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Fearn Web Design server.

Disclaimer
Fearn Web Design will not be responsible for any damages your business may suffer. Fearn Web Design makes no warranties of any kind, expressed or implied for services we provide. Fearn Web Design disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Fearn Web Design and its employees. Fearn Web Design reserves the right to revise its policies at any time.

All offers and prices quoted on our website are subject to confirmation.

Failure to follow any term or condition will be grounds for immediate account deactivation.

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