Shopping Carts Australia

1. Eligibility

a. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer's users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services. 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. Osc Works does not publish web sites and is not the publisher or author of any web site we create. As the publisher, author, or reseller, it is your responsibility to ensure your web site(s) do not breach our terms and conditions or interfere with the server functions for other users.

b. Osc Works is not a web site publisher and is not responsible for or endorse the content hosted by or activities performed by you whilst using our services or by any sites you host.

3. Content & Copyright

a. All products and services provided by Osc Works may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening, obscene and 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.

4. 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. You agree that until and unless you notify us of your desire to cancel any or all services received, 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 anytime. 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 require 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.

f. 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 and charge a reactivation fee of AUD$30.00.

g. If the client account is unpaid Osc Works reserves the right to allow a debt collection agency to obtain information to recover the debt. Your information may also be given to legal practitioners and credit agencies if proceedings are initiated.

h. A payment plan option if offered at the discretion of Osc Works, is not available in conjunction with any other discount or offer. An initial payment will be required plus the first instalment up-front and the customer is bound by all other payment and non-payment terms as set out by Osc Works.

i. 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.

j. If a customer's payment is declined, further declines on that account within the following 12 months will result in account suspension without notice until payment is received. There may be a delay of up to 12 hours in the site being restored after payment is received, depending on the time of year and level of orders being processed at the time.

k. After payment is not received for 7 calendar days, your website will not only be suspended, it will be placed into pending delete mode. Late fees will apply. 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. 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.  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. 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, Russia, 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 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.

To help fight credit card fraud, international customers from other countries will be asked to provide a scanned copy of the front and back of their credit card and a copy of a utility bill for the same address as your order. This is in order to manually verify your identity and credit card's number against the order that was received. We will also check the number to authenticate the card was from the originating bank, and may also contact the issuing bank if we are still unsure. We may also request a scanned copy of photo drivers licence or passport id to confirm the card against the name on it.

Osc Works runs random identity and manual credit card checks on Australian orders, so customers may be required to provide the same information as international customers at our discretion.

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.

6. Payment of monthly fees by bank transfer

Customers without credit cards may request to pay their ozCart or CMS bills by bank transfer. There is a $5.00 AUD handling fee for this option per payment. 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.

7. 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, excluding Australian and New Zealand public holidays (Osc Works does not develop sites during public holidays).  Setup time on the Platinum package can take between 48 hours to 5 business days depending on the template chosen and the integration required. SSL may also take longer to install, depending on turnaround time from the Certificate Authority.

Customisations (paid or as part of a special offer) 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.

8. 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 work 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.

Websites will come with sample products and content, 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.

9. Uptime and Security Upgrades

The uptime of the server is defined as the reported uptime from the operating system of the server 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. Please also refer to our hosting terms and conditions for explanation of what does and doesn't count as uptime.

10. Functionality and designs

By design not every template 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.

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 fault 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

If you decide to sell your 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 of ownership. See our admin fees and charges page for more information.

b). Customers on monthly ecommerce plans (ozCart 1.2+)

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.

For transfers of ownership, there is no charge for a domain name transfer but a change of ownership 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.  If Osc Works becomes aware of a ownership 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.

16. Website Support - Ecommerce customers

Monthly support includes help for your administration settings, setup of email accounts, 3 statistic reports per month on request,. 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, 3 statistic reports per month on request.

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.

20. Contacting you

In the event that there is an issue with your billing account, we will only attempt to contact you by telephone to discuss it if you have a landline telephone number loaded on your account. You therefore 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. Osc Works does not 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.

ozCart 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.

ii. If a customer cancels, any remaining monthly, quarterly or yearly payment will be forfeited in full.

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 wil 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.

ii. Customers wanting a copy of product information after 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 format unless they had previously purchased  ozCart CVS Product Uploader.

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.

iv. No other files will be provided.

25. Demonstration ozCart site

Our ozCart demonstration site has been loaded with a number of add-on modules to demonstrate the full 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 professionally licensed web design 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.

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. Professionally licensed templates are only available on the Platinum Ecommerce plan. 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. br />
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 additional charges. 

33. Server Time

Your website will be set to the server time which is Australian Eastern Standard Time (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.

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. 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.