1. Eligibility

a. There is no contract term on any ecommerce and CMS package but you must be old enough to form a legally binding contract (i.e. be 18 years or older) and you must be willing to provide us with 14 days notice if you wish to cancel (failure to do so will mean you are liable for any fees generated in the 14 days prior to your payment due date and any applicable late fees). To the extent permitted by law, using our services indemnifies Osc Works from any liability arising from activities undertaken by customers not meeting this eligibility criteria.
2. Publisher and author of web site

a. It is your responsibility to ensure your web site(s) do not breach our content terms and conditions or interfere with the server functions for other users.

b. Osc Works does not endorse the content hosted by or activities performed by you whilst using our services.

3. License and ownership

All ozCart shopping cart software and CMS systems are provided as a hosted solution only. It is not a released to you as distributed software. What you are paying for is space on our PCI DSS complaint servers, customisation of the front end to suit your business and support. You are not paying for the software or assuming any rights at all to the software itself. You are using it behalf of Osc Works. This means Osc Works provides access for our customers to your website and its functionality in an Application Service Provider - user capacity. You as our customer license temporary rights to use the website via the admin interface we provide but do not assume any ownership of the software or status as the licensed application's "user".

The software is not installed on computers owned by the licensee or at the licensees' premises.

On this basis, Osc Works remains the owner of all technologies used under the rights of those licenses, and on this basis the licensee is not entitled to or able to receive a copy of the software and rights for the underlying technologies, associated licenses, customisations and their code remains with Osc Works. They are not transferred to you as the user of the website. Osc Works customers are not entitled to any source code access. You as our customer access the functionality remotely via the Internet through the admin panel provided in your web browser. We strongly recommend the customer uses a broadband connection. Logging into the ozCart shopping cart admin panel is deemed to be acceptance of our terms.

Any logos or images you provide us do remain your property and copyright.

Domain names are licensed under Domain Name Requirements and are subject to those rules, not these ones.

4. Content & Copyright

a. All products and services provided by Osc Works may only be used for lawful and ethical purposes. This includes, but not limited to copyrighted material, unethical or objectionable content, or material we judge to be threatening, obscene or pornography. We do not allow pornographic sites. The customer agrees not to host such material. We reserve the right to refuse service based on these conditions, without notice.
b. Every site will include a copyright notice in the footer and link to Osc Works. This reflects our intellectual property in design, installation and configuration of your site. The notice cannot be changed, recoloured or removed in any way by you.
c. While Osc Works will take reasonable care to ensure that designs are either fully licensed or unique, you agree to indemnify Osc Works against any breach of third party copyright or other intellectually property relating to any aspect of the graphics and text in your site.

5. Payment

a. The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. Pending sites will not be delivered back to customers if there are outstanding invoices. You also agree that until and unless you notify us of your desire to cancel any or all services received more than 14 days ahead of your next due date, those services will be billed on a recurring basis. If you want to cancel your account, you must follow our official cancellation procedure.

b. Osc Works reserves the right to change the advertised price on products and services and any other charges at any time. Existing customers will be notified prior to any change in their billing cycle charges.

c. All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.

d. Your account will not be created until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and request a refund, you will receive a refund, minus a AUD$5.00 administration charge, to cover our bank fees and company administration. We may remove any accounts for which payment has not been received.

e. We reserve the right to change and refuse payment methods to clients at our sole discretion. If payment is not received on due date, we will suspend your account after a short grace period. Particular payment methods may be requested by Osc Works for customers with a history of not paying their accounts on time.

f. You can cancel your agreement with Osc Works by giving 14 days written notice. If a payment falls within your notice period, payment it is still due in full and is forfeited by the customer. Osc Works reserves the right to recover debts due during this notice period.

g.Late Payments (1) After payment is not received for 4 business days, your website will not only be suspended, it will be placed into pending delete mode. Your account with us may be closed at our discretion. (2) Late fees will apply to payments not received on time. (3) A pending delete grace period will then apply at the discretion of Osc Works based on your account history and previous contact we have had with you. This normally ranges from 7-30 days. If you have not contacted us at the end of this grace period and made an alternative arrangement, and any attempts we make to contact you are unsuccessful, we will assume your site is no longer required and it will be permanently deleted. (4) Osc Works also reserves the right to refer your name to a debt collection agency at this point to recover the outstanding invoice, at our discretion.
(5) If an account is closed by us for non payment, then reactivation is at the sole discretion of Osc Works and reactivation fees apply if we agree to reactivate the site. Note that when an account is closed, whether it can be reactivated depends on whether the site is still in pending delete mode or whether it has already been completely removed from the server it was on. The timing of when pending delete sites are deleted depends on other server management factors such as space, load and workload of server admins. (6) Further late payments received from accounts that have been reactivated after being closed from non payment of accounts will result in your account being closed instead of a grace period applying. (7) Persistent late payments may result in your grace period being significantly reduced or specific payment methods being requested. As of 1 July 2010, all new customers will have only one payment method available to them: credit card/debit card. 6. Credit Card Payments and access from high risk countries

If you have signed up using credit card your credit card will be debited for all future Invoices. Our system generates an electronic invoice 7 days prior to your package renewal date. You cannot cancel an invoice once it is generated.

We do not accept customers from countries at high risk of credit card fraud. These include India, Russia, Ukraine, Indonesia, Yugoslavia, Lithuania, Egypt, Romania, Bulgaria, Mexico, Turkey, Pakistan, Malaysia, and Israel. If orders are processed by our automated system they will be cancelled and the accounts suspended.

Osc Works services are designed for Australian, UK and New Zealand businesses, so access to websites from the above high risk countries has been blocked server-wide on a geographic IP basis. This means that these countries will not be able to access the front or administration section of your websites.

Manual card verification for international can take up to an additional 24-48 hours so international customers are urged to reply to their confirmation email with this detail as soon as they purchase a site through the checkout.
7. Payment of monthly fees by bank transfer

Customers without credit cards may request to pay their ozCart or CMS bills by bank transfer. Payments must be received in the Osc Works bank account prior to the due date or your site may be suspended as per our terms and conditions.

We do not accept customers from countries at high risk of credit card fraud. These include Indonesia, Russia, Ukraine, Indonesia, Yugoslavia, Lithuania, Egypt, Romania, Bulgaria, Mexico, Turkey, Russia, Pakistan, Malaysia, and Israel. If orders are processed by our automated system they will be cancelled and the accounts suspended.

8. Setup and completion time

Osc Works endeavours to complete websites as quickly as possible once we receive all the information we require. For customers transferring domains from other providers, setup time cannot commence until the domain has been transferred from the third party registrar. This is outside of the control of Osc Works.

If Osc Works requires information from the customer, this will be collected before work on the site will commence.

For customers on the Starter and Advanced E-commerce plans, setup is usually completed within 48 hours after we have all the information we need - excluding Australian and New Zealand public holidays (Osc Works does not develop sites during public holidays). SSL may also take longer to install, depending on turnaround time from the Certificate Authority.

Customisations (paid or free) require additional time depending on the elements requested. Customised sites usually require 4-6 business days to be completed.

Custom development work will be quoted separately.

Osc Works will communicate the likely completion time to each customer on a case-by-case basis after the site is purchased.
9. Delivery

There is a seven calendar day discussion period following delivery of your website for you to raise any issues or suggested changes. Unless otherwise arranged with us after this seven day period has elapsed, your site is considered approved and any further work will be quoted and charged to you.

We are not responsible for any content on your site, so once you receive your welcome email it is your responsibility to use our knowledge base and to update the content on your site.

As a store owner, it's your responsibility to check any work completed by us, including the renewal of SSL Certificates when they become due (the annual anniversary of the completion of your website).
Websites will come with sample products and sample content, which is standard practice in web design - usually written in latin (e.g. ipsum lorem...). It is your responsibility to remove, edit or update this content as Osc Works does not do work on site content unless specifically engaged to do so. We will quote before completing any work on your website.
10. Functionality and designs

By design not every base layout has every feature available on the front page, even if a configuration option is available for it in admin (e.g. featured products, new products). Therefore, if a feature is particularly important to you, it is your responsibility to ask us about this before purchasing your website. We can investigate and advise whether particular features are available on a given package and in a given layout.

The 2-3 rounds of changes provided as part of the customisation to base design process only include minor changes. A complete rework of a colour scheme or image header may be subject to an admin fee. Website customisation only includes colour scheme and header images only.

Even minor changes requested to the customisations of colour scheme and images more than 7 days after the welcome email is sent will only be completed at our discretion. See also the section Complaints, below, for more information.
11. Complaints

When purchasing a site, customers have 7 days from the handover date to raise any issues with respect to elements and customisations agreed to at purchase time. Any requests for changes not agreed to prior to purchase may incur additional fees. Osc Works will repair faulty site components but does not offer refunds, as per our refunds policy.
12. Australia Post Calculations

i) Customer's choosing to use Australia Post's Delivery Rate Calculator plug-in are bound by the terms and conditions provided by Australia Post.

ii) Australia Post's Delivery Rate Calculator relies on third party servers which are not owned or operated by Osc Works. We are not responsible for any downtime caused, network or performance issues caused by using these third party servers.
13. Non-competitive declaration and agreement

Through purchasing an ozCart website, the customer declares that they are not competing and will not compete with Osc Works given the proprietary knowledge the customer is gaining access to of Osc Works product concepts and software. The customer agrees not to compete with Osc Works products in any way and will not develop (and have not developed) a competing shopping cart software product or similar product to the range offered by Osc Works.
14. Selling Your Website

a) Customers on version of ozCart earlier than version 1.2 (Customers pre 2006)

Owned outright sites: If you decide to sell your “owned outright” website and it was created by Osc Works, free technical website support can not be passed on to the new owners. Hosting support however is available free to them as long as they are hosted with Osc Works. No other type of site support is now provided. The old owners cannot make support requests on the new owners behalf and if Osc Works becomes aware of a site sale without being notified, then the support contract will be immediately cancelled and the site may be suspended.

A fee will also apply for change. See our admin fees and charges page for more information.

b). Customers on monthly ecommerce plans (Customers since 2006)
For customers on our new monthly ecommerce plans (ozCart 1.2 and above), there is no additional support charge for the new owners, as monthly administration support is included in your monthly fee - however the changeover fee applies.
For transfers of licensed user, there is no charge for a domain name transfer but a change fee applies.
The change of ownership fee is $299.95 during the first 12 months after purchase of a site from Osc Works, and $99.95 per sale thereafter. These fees are set to prevent reselling of website licenses purchased from us. If Osc Works becomes aware of a transfer without being notified the customer's site may be suspended.

c). Custom script work installed

If you sell your site and move to another provider, any custom script work that you have purchased for your site is forfeit. If you transfer ownership to another customer, those script changes stay with the site and transfer with it.
15. Welcome Email and Password Reset Fees

If you have lost your welcome email with your login details and welcome information you may request to have it resent up to 3 times. Any further request will be charged an admin fee of $10 per copy. Please backup your welcome email to a disk or print it and keep it in a safe place.

Password resets are also subject to a $10 fee, charged at the discretion of Osc Works.
16. Website Support - Ecommerce customers

Monthly support is provided via our email ticket system. Help covers problems relating to your administration settings, setup of email accounts. Support does not include custom script changes, add-on modules or testing of your website. Should you require additional services or products fees will apply.

Administration bug fixes requiring script or style sheet changes, and the additional paid services referred to in the paragraph above will only be completed during business hours, Monday to Friday.

Any script changes made to the website by the client that cause errors are not covered under support. It is the clients responsibility to rectify these errors.

It is the responsibility of customers to keep track of changes they make to administration settings. Any support request needs to include details of changes made to administration (and screenshots if possible) in order for Osc Works to replicate the problem and provide assistance. Without this information, additional charges at out standard hourly rate may be applied to investigate the problem or the site database may need to be reset to the last available backup, causing the loss of all data. An administration charge will also apply.

17. Website Support - CMS Content Website customers

Your monthly payments cover web hosting support only. Administrative support is provided as a free additional service from Osc Works. CMS support covers help for administration settings, setup of email accounts.

If additional modules ore components are installed into CMS by Osc Works on behalf customers, then these are also covered in monthly support. If customers do their own installations of additional modules and components into their administration backend, then it is the client's responsibility to rectify any errors that result from these.

It is the responsibility of customers to keep track of changes they make to administration settings. Any support request needs to include details of changes made to administration (and screenshots if possible) in order for Osc Works to replicate the problem and provide assistance. Without this information, additional charges at out standard hourly rate may be applied to investigate the problem or the site database may need to be reset causing the loss of all data and an administration charge applying to the restoration of data.

You must give us 14 days notice in writing if you wish to cancel your support with us.
18. Add languages

Features that require script changes to template files (e.g. adding language options) can be completed by submitting a ticket to Osc Works. Osc Works allows three free additional language options to be added per website. Additional languages will be added to ozCart for a fee, as set out in our schedule of administrative charges.
19. Site management and access

Ecommerce and CMS websites purchased from us will be hosted and managed at the file-level by Osc Works. This means these sites do not include FTP access, but customers can request an optional FTP image-access account to upload custom product images to their site. We do not allow third party businesses doing work for you to add their own links to the footer of your website but you can add them yourself into sideboxes. We do not install third party applications into your website that are not provided by us, even if they are based on the oscommerce and zen cart platforms.

We have a policy where we will attempt to fix all bug related issues in your site that affect the functionality of your website as it was described in our Ecommerce Features page on the date of your purchase. We do not provide automatic or free upgrades to new features added to ozCart after you have purchased but will apply security and bug fixes to your site resolved after purchase at no cost. Any changes to items that are part of the base design and not manageable from admin (e.g. font sizes & appearance, shading, text effects, multimedia, wording changes to sideboxes or emails, report printouts, additional statistics etc) will be charged for on the basis of time and complexity at the discretion of Osc Works. No work will be undertaken without providing a quote in advance and accepting your agreement.
20. Contacting you

In the event that there is an issue with your billing account (other than your account being overdue), we will only attempt to contact you by telephone to discuss it if you have a landline telephone number loaded on your account and at our discretion. As stated above, over due accounts are not followed up by phone and are suspended after a grace period determined by us. it is your responsibility to check your emails around the monthly anniversary of your purchase date to ensure that your payment goes through okay. You also need to provide a landline telephone number in your billing contact details either when you sign up or by logging into your account and updating your phone number details. As a matter of policy Osc Works does not normally call mobile numbers when contacting customers.

21. Support and Administrative Disaster recovery

Please do not modify settings in your store unless you are sure of what you are doing. Please also keep a log, as you need to inform us of any changes you make if you put in a support ticket so we can recreate the problem. Troubleshooting without any information about the changes made may be liable to additional charges over and above your regular payments to Osc Works. If you have a specific question, please search our extensive knowledge base. If you are still not sure, put in a support ticket before making any changes.

If your store files are damaged Osc Works may restore your site from backup but this backup may be up to 48 hours old and all products will be removed. An administration charge will apply.

22. Private SSL Certificates

Customers may choose to purchase an SSL certificate from us. These certificates are only available for 12-months at a time and must be re-ordered on an annual basis by the customer. Osc Works may change the SSL certificate issuer upon renewal without notice. Customers may be required to provide additional information to meet the terms and conditions of the Certificate issuer. We will not install SSL Certificates issued by other providers.

ozCart Advanced and Platinum customers will receive RapidSSL certificates as part of their ozCart ecommerce packages, which are offered free for the first twelve months.

23. Cancellation

i. You can cancel your agreement with Osc Works by giving 14 days notice in writing. If a payment for your site falls within your notice period, payment it is still due and is forfeited by the customer in full. You may not take your site to another provider.
ii. If a customer cancels or is cancelled by Osc Works for breach of terms and conditions, any remaining monthly, quarterly or yearly payment will be forfeited in full.
iii. We reserve the right to forward your details to a collection agency if you cancel your account and do not pay any outstanding or generated bills in the 14 day notice period.


24. Transferring your website to another provider

i. Upon cancellation, Osc works reserves the right to delete from its servers any and all information relating to the customer's site. Osc Works will return to the customer information about any orders, mailing lists and static content pages. If customers have a copy of ozCart CVS Product Uploader they can export their product list themselves during their notice period. Osc Works remains the owner of the software and graphics under this license so this will not be provided to you under any circumstances, even for a fee.

ii. Customers wanting a copy of product information after the 14 day period of notice and account termination will be required to make this request within 30 days of termination and pay a transfer fee of $199.95AUD to cover the costs of extraction. They will receive this product information in MySQL or Microsoft Excel format (at the discretion of Osc Works) unless they had previously purchased ozCart CVS Product Uploader. We can not guarantee that your site will be kept for 30 days as this is at our discretion.

iii. Customers wanting a copy of product images (uploaded to the FTP image folder) after account termination will be required to make this request within 7 days of termination and pay an administration fee of $99.95AUD. The contents of the image folder will be provided in ZIP format. We cannot guarantee that your site will be kept for 7 days as this is at our discretion.

iv. No other files will be provided. As per the ownership license clauses stated above, ownership of a website from Osc Works remains with Osc Works and is provided to customers only on an Application Service Provider (ASP) basis.

25. Demonstration ozCart site

Our ozCart demonstration site has been loaded with a number of add-on modules to demonstrate the flexibility and potential of an online store. Not all of these modules are available in a standard installation. The add-on modules are noted in the 'add ons' page on the demonstration site. A full list of features available in the standard, uncustomised store is available on our Ecommerce page.

We request that customers do not use the demonstration site to test features of their own stores as this limits the opportunity for new customers.

26. Layouts and web designs

i. Once a web design base layout has been chosen, another one cannot be selected without paying a changeover fee of $299.95AUD plus additional costs that may apply if you have chosen customisation. This covers the administration and licensing cost of selecting a new template, and staff time.

ii. From time to time a template may not be available for technical reasons. If so, Osc Works will advise you and another template can be chosen. n.

iii. Customisation includes style sheet and graphics edits only. This means customisation excludes Flash animations, scripting changes, changes to the graphics of icon buttons or adding written content.

iv. Content pages are not added by Osc Works - customers make this change themselves in the administration section of the site.

v. Changes requested to the templates may require us to re-engage the original designers. Templates in the professional collection are licensed to us from third parties and changes may be charged for. We will on-charge these to customers when changes are requested that cannot be made by us. We will provide quotes before undertaking such work. These changes include significant changes to stylesheets, colours or fonts.

vi. It is the customer's responsibility to test that they are happy with a layout design on installation. We will configure it as is, but will attempt to accommodate minor changes wherever possible. As per (v) above, major changes may require us to request changes from the original designers - especially major changes which could affect the terms of our license of the design with them. We will provide quotes for changes that require programming code.

vii. Some based designs are only available on the Platinum Ecommerce plan and may be professionally licensed. The Starter and Advanced Ecommerce Plans offer Standard only templates. The license to professional templates is owned by Osc Works who purchase it on behalf of each customer.

viii. If customers provide their own images for the header, own logos, or we agree with them to provide their own header designs, images must be provided in a layered Photoshop PSD or Adobe Illustrator (vector) format. Osc Works does not provide free image manipulation or resolution improvement services so provision of graphics in an usable format is your responsibility. If you provide images in JPG or transparent PNG format they must be high quality or else your site design will suffer. If you wish to get a quote for graphic design services or have any questions about this condition, please let us know.

ix. If you request the use of a font that is commercially licensed, it is your responsibility to either provide the fonts to us with a valid license (in a format appropriate for use by us), or to agree to us to purchase these fonts on your behalf and charge them to you.

ix. All web designs remain the copyright of Osc Works.

27. Issues and errors in template designs

Osc Works takes every care in building a site from a layout that you chose to ensure that errors in the site design are fixed wherever possible. However, errors that are present in the layout chosen may not be able to be fixed for free if the errors are already present in the base images that are displayed on our website. We will fix any such issues (e.g. flush alignment, spacing) at our discretion. It is up to customers to ask us about their template/layout before purchasing if they have any questions. All issues raised more than seven days after the completion of a website will be subject to an administration fee.

28. Change domain name for e-commerce site after purchase

If a customer purchases an e-commerce or CMS site and wishes to change the domain name of the site after purchase, the setup fee for the package chosen must be paid again.

29. Upgrading Plans

a) If a customer exceeds their bandwidth or disk space usage their site will be suspended trading until either the disk space is reduced or an upgrade is purchased.

b) Customers who exceed their disk quota or wish to take advantage of additional features can choose to upgrade their Ecommerce Plan. Our billing system will calculate an upgrade charge which will be payable prior to the upgrade being processed. Upgrade prices are approximately equivalent to the difference between the annual cost of the new and old plans but may vary.

c) Only upgrades are possible. To choose a lower plan, the customer must cancel their existing site and purchase a new one on the lower plan, paying any applicable setup costs for the new plan. An administration charge may also apply for transferring files to the new site on the lower plan.

d) If the customer has a professional template installed and cancels their site to purchase a new one on a lower plan, their existing site design cannot transfer to the site on the lower plan.

e) Customers who upgrade to the Platinum package do not get a PSD of the site template or a new site template unless they separately purchase a new standard or professional template from Osc Works (this is only available with new sites). Any setup costs waived at the discretion of Osc Works for an upgrade do not include the cost of a new template.

f) Package upgrades from Starter or Advanced to Platinum are entitled to monthly Platinum privileges but only the following core feature upgrades are available: SEO Ultimate URLs, CVS Uploader and the following payment modules (eWay, DirectOne, DPS, Paystation, Paymate, NAB Gateway, Paypal, e-path). Upgrades do not include any design changes including the professional platinum template. Customers can opt to pay a template license fee of $299 to upgrade their template web design. This is on top of the upgrade cost which is the difference in setup cost between your current package and Platinum. No additional add-on modules will be installed with upgrades except some credit card options described above at the discretion of Osc Works. The upgrade cost and template upgrade cost is correct as at time of writing and is subject to change at any time without notice.

g) Upgrading to ozCart 2.0: The structure and operation of ozCart 2.0 is significantly different from version 1.x of ozCart - with a large number of code incompatibilities. This means that direct upgrades are not possible. If current Starter, Advanced or Platinum ozCart customers choose to purchase an ozCart 2.0 website, the following upgrade path options are available: Customers may: - retain their graphics layout - retain their existing SSL Certificate if on Platinum (there will not be a 12-month renewal) Customers will have to: - manually export/import their products and customers (customer importer, Platinum customers), and reinstall settings. - manually reset their settings etc - payment options, postage options, shipping regions etc Some elements of ozCart 2.0 may be offered to 1.x customers through the ozCart add-ons shop, but not all features will be available.

30. Platinum Privileges

Platinum package customers are entitled to a number of benefits as part of the Platinum package. Some of these benefits are conferred at purchase time when the site is built, and others are ongoing benefits. Osc Works reserves the right to change any of these benefits at any time, without providing notice to customers. When the benefits conferred at setup time are changed, existing Platinum customers are not entitled to these benefits. Only monthly Platinum benefits are available to all Platinum customers (unless specifically excluded).

31. Payment gateways for credit cards

Using a payment gateway module means you are bound to the terms and conditions of that payment gateway provider. In some cases this may require purchasing additional plug-ins from Osc Works, such as an SSL Certificate, for compliance.
Requests for additional plugins for payment gateway providers will be considered custom script changes and only provided at an additional cost to the customer requesting them.

32. Test customers from Osc Works

A test customer is created in every new store by Osc Works. This customer is used by Osc Works if we have to log into your site for troubleshooting. If you delete this customer you may not be able to receive technical support without setting one up for us.

33. Server Time

Your website will be set to the server time which is Australian Eastern Time (equivalent in winter to GMT+10).

34. Underlying technologies for eCommerce and CMS-based sites

Depending on a customer's requirements Osc Works may employ a variety of backend technologies to deliver those requirements. These may include open-source technologies, if required, at the sole discretion of Osc Works.

In all cases Osc Works is the licensed owner of those open source technologies and all open source technology rights lie with Osc Works and not you as the administration user of the installed products. This means the rights to any underlying technologies remain with Osc Works and are not transferred to our customer (the licensee). This means Osc Works customers are users of the software at the discretion of Osc Works and are not entitled to access a copy of the software, source code, customisations, development rights on it or any file level access.

ozCart solutions are based on a hybrid of the open-source solutions oscommerce and zen cart, and code from other php based technologies self created and implemented as required.

35. Logo Designs

Where a custom logo is developed, Osc Works takes every reasonable care to provide high quality logos that meet customers business needs and do not infringe on third party intellectual property rights. However, we make no guarantee that any logo can be registered as a trade mark and does not infringe on any such rights. You agree that we are not responsible for any infringement of copyrights. It is your responsibility to ensure such infringement has not occurred.

36. Portfolio, Competitions and Awards

Osc Works may choose enter a customer's website in any web design or web business awards. Osc Works will usually advise the customer of this situation, but may enter these sites without prior notification at the discretion of Osc Works.

37. Uptime and Security Upgrades

The uptime of the server is defined as the reported uptime from the operating system of the server minus scheduled maintenance which may differ from the uptime reported by individual services. Our uptime counter does not include any forced maintenance for critical server-wide security updates.

38. Testing, server moves, errors and error reporting

We do our upmost to provide the best combination of shopping cart software and service that we can but do not warrant that ozCart Shopping Cart Software will operate in situations other than what they were designed for or that its operation will cover every possible business scenario, be uninterrupted or error-free.

By purchasing a license from us, you agree to test the basic operation your shopping cart's checkout process before accepting customer payments and report any errors to us promptly. We will not be held responsible for any errors or downtime in your site or the consequences of those errors, but as per our obligations under Australian law (and our own pride in our product) we will do our upmost to fix reported errors as promptly as possible or provide workarounds for you.

Components that were not developed by us may also be subject to error and to provide fixes it may require us to consult with third parties. This means there is no promise of turnaround times on bugfixes. All issues reported are priortised based on their materiality in affecting the checkout process of your store and the highest priority issues will be addressed by us first. The prioritisation of support requests is at our discretion.

From time to time the hardware your website operates on may become insufficient for your traffic profile and we may move you to another server. If your domain name is not with us you will need to change your nameservers at your domain provider to point to the new servers. This will involve downtime while the servers on the Internet update their details and in the worst case scenario can take up to 48 hours to take effect. This is completely outside our control.

Unless the move is absolutely necessary due to hardware or downtime issues, we will make these changes at the times of the year when servers are at their quietest. It is your responsibility to monitor emails from us as notifications about these changes will ONLY be sent by email to the email address you have on file in our billing system. Any follow ups are at our discretion.

We will not be held responsible for loss of data or traffic due to these changes as it is your responsibility to make the changes to nameservers when we request them to be made.


Given the above conditions, you accept that you will report errors promptly and politely, and that Osc Works will not be held responsible for loss of revenue, profits, goodwill, data or traffic loss which arises out of or in connection with Osc Works Software, whether or not we have been advised of the possibility of such loss. Osc Works understands that where errors occur you will be frustrated but does not tolerate the use of abusive or aggressive language in reporting errors.

Please also see the separate section about Support conditions as above.


39. Search engine indexing

We submit your site to the search engines when created, and on some packages may resubmit to search engines but there is no guarantee of rankings or indexing of your site in search engines as these factors are outside of our control. If you want your business to succeed, it is your responsibility to market and promote your site, as well as build links from credible and relevant websites and directories.