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Terms & Conditions

A LEGAL DISCLAIMER

Business Name: Axen
ABN: 75 961 038 470
Registered Location: Victoria, Australia
Effective Date: 14/10/2025
Last Updated: 14/10/2025

1. Introduction

These Terms and Conditions (“Agreement”) govern all website design, management, hosting, and related services (“Services”) provided by Axen Web Design (“Axen,” “we,” “our,” or “us”) to the client (“you” or “Client”).
By engaging our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

2. Payments and Billing

2.1 All invoices must be paid in full before the due date shown on the invoice.
2.2 Failure to make payment by the due date may result in suspension or termination of your website, hosting, or related services without notice.
2.3 Reactivation of suspended services may incur a reactivation fee.
2.4 All payments are non-refundable, including prepaid management or hosting fees, unless required by Australian Consumer Law.
2.5 Axen reserves the right to adjust pricing or plan inclusions at any time with reasonable notice to the Client.

3. Ownership and Intellectual Property

3.1 All websites, code, graphics, text, content, and designs created by Axen Web Design remain the exclusive property of Axen Web Design.
3.2 All domain names registered or managed under Axen Web Design remain the sole property of Axen. Clients pay for usage of the domain and associated website hosting under active management.
3.3 Axen grants the Client a non-exclusive, revocable licence to use the website and domain while payments are up to date and the Agreement remains active.
3.4 Axen may withdraw access or terminate usage of the website or domain at any time, provided 30 days’ written notice is given.
3.5 Clients may not duplicate, resell, or transfer the website or any associated materials without written permission from Axen Web Design.

4. Website Management and Changes

4.1 Axen manages and maintains the website, including routine updates, security monitoring, and performance improvements.
4.2 Clients must submit all change requests in writing.
4.3 Axen may make small or minor updates (such as text edits or maintenance tasks) as part of the ongoing management plan.
4.4 For major or extensive changes, Axen will assess the request and provide a quote before proceeding.
4.5 Axen reserves the right to refuse, modify, or delay any requested change that may impact website performance, security, or compliance.

5. Termination and Suspension

5.1 Either party may terminate this Agreement by giving 30 days’ written notice.
5.2 Axen may immediately suspend or terminate services without notice if payments are overdue, the Client breaches these Terms, or the website is used unlawfully.
5.3 Upon termination, access to the website and domain will cease. As Axen retains ownership, no website files or domain transfers will occur unless specifically agreed in writing.
5.4 Axen may remove or delete all hosted files and data after termination or expiry of this Agreement.

6. Liability and Indemnification

6.1 The Client agrees to indemnify and hold harmless Axen Web Design, its owners, staff, and contractors from all claims, losses, liabilities, damages, or expenses (including legal costs) arising from:

  • Content, data, or materials supplied by the Client;

  • Any misuse or unauthorised use of the website; or

  • Any breach of law or third-party rights by the Client.
    6.2 Axen Web Design shall not be liable for any indirect, consequential, or special damages, loss of profits, loss of data, or downtime.
    6.3 Axen shall not be held responsible for any legal disputes, liabilities, or damages resulting from the Client’s website, business activities, or third-party integrations.
    6.4 To the maximum extent permitted by law, Axen’s total liability shall not exceed the total amount paid by the Client for the Services in the preceding three (3) months.

7. Rights and Modifications

7.1 Axen reserves the right to update, modify, or improve the website, hosting, or management systems at any time for performance, security, or service enhancement.
7.2 Axen reserves the right to revise or update these Terms at any time. Continued use of Axen’s services constitutes acceptance of the updated Terms.
7.3 Axen maintains the right to refuse or discontinue service to any Client at its discretion, subject to applicable notice requirements.

8. Client Responsibilities

8.1 The Client must provide all required content, information, and approvals in a timely manner.
8.2 The Client must ensure all provided materials are lawful, accurate, and do not infringe on any third-party rights.
8.3 The Client is responsible for maintaining the confidentiality of login details and for any actions taken under their account.

9. Governing Law and Dispute Resolution

9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
9.2 Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria.
9.3 Before commencing formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation.

10. Entire Agreement

This Agreement constitutes the entire understanding between Axen Web Design and the Client and supersedes all previous agreements, proposals, or communications. No modification or waiver shall be valid unless made in writing and signed by both parties.

✅ End of Terms and Conditions

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