Terms and Conditions

Smart Business Online incorporates Website Rentals and Joomla/WordPress Templates and Business Solutions and will be known as  "we", "our", or "us" on this website. Your use of our products, services, or websites is subject to the following terms and conditions of service. Smart Business Online reserves the right to update and change the Terms at any time without notice. Any violation of any of the terms below may result in action being taken by Smart Business Online up to and potentially including the termination of your account and any access you may have to our services, with or without warning.

BUSINESS SERVICES

Website Rentals, Website development and design, Joomla and WordPress Templates are ‘Business Services’ offered by Smart Business Online. We provide websites for rental or purchase and many related services, including business services, website development, editing, and marketing tools (collectively known as "Services"). You agree to pay all fees and services associated with our “Services” through the Smart business Online website. You, as a Guest, Visitor or User (“User”) are also required to provide current, accurate personal information ("Registration Data"), including a valid email address when indicated. As a visitor to any site hosted by (a "User"), by viewing "Content" - which includes text, images, videos, and other media uploaded by Smart Business Online and hosted by ‘Us” - you may be subject to all or part of these Terms. You understand that users may receive some amount of direct and indirect communications from Smart Business Online, such as email newsletters, service announcements, and administrative messages. Members may opt out of receipt of email communications. Use of “Registration Data” is subject to our Privacy Policy unless explicitly stated otherwise, all new features that enhance or replace our current “Services” shall be subject to these Terms and Conditions.

DOMAIN NAMES

All rental websites including Domain Names currently registered through "Us" as part of the Rental Package will remain the property of Smart Business Online and cannot be moved to another host unless purchased outright. This will apply even if the rental has been terminated. All privately owned Domain Names that have been registered prior to renting a website will revert back to their respective owners. A request to continue to host privately owned domains can be made and annual Hosting Fees will apply.

PURCHASING AN EXISTING RENTAL WEBSITE

All rental websites are available for purchase. The initial Quote will include the full value price of the rental website including 1 year hosting and Domain Name registration. The option to purchase can be made on request at any time and the rental paid will be taken into consideration.

Options are:

Purchase the rental website and deduct 100% of the 1st year’s rental off the total price of the website

Use the 1st year rental towards upgrading your rental website

Continue to rent, with the first 12 months rental remaining available as credit if you wish to purchase the rental website at a later date.

REGISTRATION DATA

Information provided by individuals as part of any of our “Registration Data”  is subject to our Privacy Policy. As a registered user, you are directly responsible for maintaining the confidentiality of your account password, and all activities that occur under your account.

CANCELATION AND TERMINATION

Smart Business Online reserves the right to cancel any registered user’s “Services” for any reason. Smart Business Online provides web hosting for websites on rental and all Terms and Conditions apply. If you or Smart Business Online cancel your “Services”, cancelation will immediately stop all “Services”. You will no longer have access to your website and all associated information may be deleted by Smart Business Online. You are entirely liable for all activities conducted through your account.

SECURITY

All Security measures for maintaining your account and website and all activities associated with your  account is your responsibility. You agree to notify Smart Business Online immediately in writing of any unauthorized uses of the account or any other breaches of security. Smart Business Online cannot and will not be liable for any loss or damage or any acts or omissions by you or a “User” through your website, including any damages of any kind incurred as a result of such acts or omissions from your failure to comply with this security obligation.

CONTENT, CONDUCT RULES AND OBLIGATIONS

You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any content. Smart Business Online reserves the right to remove content which is deemed to be harmful, offensive, or otherwise in violation of the Terms and Conditions or policies Smart Business Online has in place at the time.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of “User” who distributed such Content. You and your “Users” are entirely responsible for all content that is uploaded, posted, transmitted or otherwise make available via the “Services”. Smart Business Online does not guarantee the accuracy, integrity or quality of such content. In no way and under no circumstances will be liable for any content. You are responsible for all risks associated with use of any content. You understand that Smart Business Online does not review content but that Smart Business Online has complete rights to remove any content it deems unsuitable.


Smart Business Online is not responsible for the content provided by “Users” including home pages, forums, blogs, discussion groups, media and comments. We reserve the right to remove any content that is in violation of our Terms. “Users” will be held legally responsible for the contents of their web pages, including but not limited to use of copyright material without the permission of the author or posting material considered indecent for minors. The use of” “Services” for illegal purposes is strictly forbidden and any account found to be or believed to be violating the law, at the sole discretion  of Smart Business Online, may be removed without notice.


You are not to upload any type of content, programs, software, media, or MP3 files to our server unless you are the full owner and have all rights to the content in question. This includes files with the following extensions: .zip, .rar, .arj, .tar, .mp3, .avi, or .exe. Copyrighted files not belonging to “users” posting those files may be deleted without notice. In using our “Services” you agree that you will not originate any content that may be described in any part by any of the following descriptions:

"Adult", pornographic, obscene, nude, graphically violent, and other inappropriate content.

Offers for or the solicitation of prostitution, erotic, or sexual services.

Hate, bigotry, and/or intolerance.

Pirated software or media, including music, videos, images, "Warez," and other illegal or copyrighted software and     content.

Hacking, "phishing", or "phreaking" related.

Copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed).

Making available serial numbers for software which can be used to illegally validate or register software.

Making available tools which can be used for no purpose other than "cracking" software.

Any material that contains software viruses or any other computer code, files or programs designed to interrupt,   destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Anything related to illegal activity, including defamation, threats, or harassment.

Offensive and indecent user, file, and directory names or tags, descriptions, and titles

Links to any of the above

You agree that you will not use the Services to engage in any of the following activities:

"Spamming" to promote your website or content, or engaging in unethical marketing, advertising, or any other practice connected in any way to "spam". And that all of your emails will be CANN-SPAM compliant.

 HARMING MINORS IN ANY WAY

Impersonating any person or entity, including, but not limited to, a Smart Business Online official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Stalking, threatening, defaming, or otherwise harassing another.

Forging titles or otherwise manipulating identifiers to disguise the origin of any Content used with services.

Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights  of privacy or publicity, or other proprietary rights of any party.

Promoting pyramid or Ponzi schemes or any scam or scheme intended to generate money.

DISCLAIMER OF WARRANTIES

HE SMART BUSINESS ONLINE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART BUSINESS ONLINE DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

FEES

If “Services” are purchased on a subscription basis, the following terms will apply.  Payments can be made through PayPal for your selected terms. The services will be deemed accepted by you upon acceptance of this agreement and under the terms of payment of the applicable fees and/or subscription fees of the services. Work on your website shall commence after your acceptance of this agreement and after Smart Business Online receives and processes all the information, including alternative payment methods if applicable. Sufficient funds must be in your account to cover an electronic debit of the fees to obtain access to the services. The payment information you provide must be accurate, current and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your account with PayPal or alternative account will be debited, and recurring payments will automatically be debited to your account monthly according to your instructions, or on a one-year subscription if renewed at the then-current subscription rate to maintain access to the services. You agree that no refund will be issued regardless of reasons.

INDEMNITY

By using Services under these Terms, you agree, at your own expense, to indemnify, defend and hold harmless Smart Business Online and its affiliates, officers, directors, employees, consultants, agents, suppliers, licensors, co-branders, and other partners from and against any and all third-party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; (c) your violation of any applicable law; and (d) your Content, use of Services, “User” activity, connection to services, or your violation of any other rights of any other party; regardless of whether you are registered as a Member or not. Smart Business Online will not be liable for any of its services. Smart Business Online  have the right to cancel services at any time, and will not be liable for any files that are lost and/or corrupted which may occur (including, for example, from a system crash, security breach, or hard disk failure). To the full extent permissible under the applicable law, Smart Business Online shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Smart Business Online services.

RESALE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services provided by Smart Business Online without the express written permission of Smart Business Online.

PROPERTY

All templates offered by Smart Business Online are under copyright to Smart Business Online. Such templates are offered for use to Smart Business Online users under license only, and are not offered for sale or unbridled use. Smart Business Online templates may not be transferred to or hosted on another web host or Internet Service Provider.LICENSE

There are two possible license types relating to the use of our website templates and other products sold through our website by independent content providers in accordance with these Terms and Conditions (the "license") issued by Smart business Online, they are as follows:

SINGLE LICENSE

You may be granted a One Time Usage License when purchasing a website template at a Non-Exclusive Price. It enables you to use each individual template or product on a single website only, belonging to either you or your client. You have to purchase the template again if you want to use the same design in connection with other projects. This also entitles you to make modifications to the products using other software or applications and our designs. You are permitted to redistribute or resell your projects;

EXCLUSIVE LICENSE

A Exclusive License guarantees that the template you have purchased is permanently removed from our website and you have exclusive rights to it from the time of purchase. It will never be made available again after the exclusive purchase occurs. You are not permitted to redistribute or resell any of these templates after the purchase has been approved.

IMAGINERY, CLIP-ARTS AND FONTS

All images, clipart and fonts used in our templates and products are the integral part of our products. Both our Licenses give you the right to use images, clipart and fonts only as a part of the website you are building either for yourself or a client. You can use our images, clipart and fonts in developing one project only. Any separate usage or distribution is strictly prohibited.

MODIFICATIONS

You are authorized to make necessary modification(s) to our products to fit your purposes.

UNAUTHORIZED USE

If you have not received an Exclusive License, you shall not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium. You also shall not offer them for redistribution or resale of any kind without prior written consent from Smart Business Online.

ASSIGNABILITY

You shall not sub-license, assign, or transfer any of the above mentioned entity without prior written consent from Smart Business Online.

REFUND POLICY

 As we are offering non-tangible, irrevocable goods we do not issue refunds after the product has been downloaded or shipped, which you acknowledge prior to purchasing any product at our site. Please ensure that you have read the terms and conditions carefully. We only make exceptions to this rule when the product appears to be not-as-described on a case by case basis at our sole discretion. The deadline for any refund claim is 7 days after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition.

INTELLECTUAL PROPERTY OR EXCLUSIVE OWNERSHIP

You can not claim intellectual property rights or exclusive ownership of any of our products, modified or unmodified. All content and products on rental websites are the property of independent content providers. Our products and websites are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

INSTALLATIONS

Installation of software other than that which is provided with our Basic Website Package is carried out as a paid for service and is not included in the package price.

ANTI-FRAUD CHECK

Customer purchase can be suspended for a manual anti-fraud check for 60 minutes although it can be suspended for a longer term for more serious investigations. Anti-fraud check occurs because of growing number of fraud transactions.

THIRD PARTIES SERVICES

We may use third parties to provide certain services accessible through the website. Our website does not control these third parties or their services, and we will not be liable in any way for use of these services.  Third parties may have their own terms of use and other policies. You agree to comply with such terms and policies as well as those that are listed in our Terms and Conditions. If any such terms or policies conflict with our terms, agreements or policies, you must comply with those of our website.

GENERAL

These terms of use shall be governed by and construed in accordance with the laws of Australia. Both parties submit to the personal jurisdiction in Australia. These Terms of Use constitute the entire agreement between you and Smart Business Online with respect to the services provided by Smart Business Online. You acknowledge and agree that you have read and understand the provisions of these terms of use. By using this website, you consent to the terms of use described herein, including any updates. Smart Business Online reserves the right to vary these terms of use from time to time and will update the "Effective Date" section above when such changes are made

  • ACCEPTANCE AND DESCRIPTION OF SERVICES

    •  Offering for sale or sell any item, good or service that violates any applicable federal, state, or local law or regulation; you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations; or that     "Adult", pornographic, obscene, nude, graphically violent, and other inappropriate content.