TERMS & CONDITIONS

Your purchase and use of enflexion PTY LTD services and or software is subject to the following Terms & Conditions.

These Terms and conditions replace the following Published Terms:

These Terms and Conditions have been updated February 21 2017.

Use of “Flower Store In a Box” or “enflexion” Web Hosting constitutes acceptance and agreement to enflexion PTY LTD’s AUP (Acceptable Use Policy). From herewith in this TOS, AUP the usage of "us", "we", "our", "ours" shall constitute reference to enflexion PTY LTD the legal owner of the products “Myweblogin.com” (and associated modules and derivative works thereof), “Flower Store In a Box” and all associated software modules and code derived from any of the aforementioned products, the usage of "you", "your", "they", "them" shall refer to client / customer of enflexion PTY LTD.

For further information about our terms and conditions or our policies please email legal@enflexion.com.au.

ACCEPTANCE OF CONTRACTUAL AGREEMENT

Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, Telephone Order or receipt of such order by us, that you are agreeing to our TOS, AUP.  No Modifications of said contract by customer is allowed.

We will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

RESTRICTIONS

You may not alter, merge, modify or adapt enflexion PTY LTD Software in any way including disassembling or decompiling. This does not affect your rights under any legislation implementing the EC Council Directive on the Legal Protection of Computer Programs. You may not loan, rent, lease or license this Software or any copy. You may transfer the Software License provided you transfer the Software and all documentation and media and you do not retain any copies.

Limited Warranty

The software product, websites and documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of the software product remains with the user. enflexion PTY LTD makes no warranty representation, either express or implied, with respect to the Software or user documentation, including their quality, performance, merchantability or fitness for a particular purpose.

The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No enflexion PTY LTD dealer, distributor, agent or employee is authorised to make any modification or addition to this warranty, save that nothing in it affects any rights you may have against us for death or personal injury caused by our negligence.

Limitation of Liability

Because software is inherently complex and may not be completely free of errors, you are advised to verify your work and to make backup copies of your website and associated content. In no event will enflexion PTY LTD be liable for direct, indirect, special, incidental, cover or consequential damages arising out of the use of or inability to use the Software or user documentation, even if advised of the possibility of such damages. In no case shall enflexion PTY LTD's liability exceed the amount paid by you for the Software. To the extent that applicable law does not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, the above limitation may not apply to you.

Termination

enflexion PTY LTD may terminate this license agreement if you fail to comply with the terms and conditions of the license agreement. In such event, you must destroy all copies of the software and all of its component parts.

PAYMENTS

All prices are quoted with GST and are in Australian Dollars.  enflexion Primarily debits credit cards and we use a stored token for credit cards using http://www.eway.com.au.  enflexion does not keep a record of the card numbers for security reasons.

PAYMENT PLANS

enflexion offers at it’s discretion the ability for customers to amortize the cost of their website over a specified time period instead of paying for the website up front. Payment plans are ONLY offered via a valid credit card that enflexion will charge.

  • By choosing the Payment Plan option you are entering into a legal agreement with enflexion PTY LTD. The terms of this agreement are between yourself (customer) and enflexion PTY LTD (company).
  • The total amount owing is the full amount of your monthly payments x the number of months the payment plan is valid for, plus any additional costs as outlined for web hosting, support or custom work.
  • If the customer defaults on payment the customer will owe the company the remainder of the payment plan in full at enflexion’s discretion
  • There are no refunds for a payment plan this is a legally binding contract for services and if the customer defaults the full value of the service will be due.
  • The payments are made on the date of the purchase in proceeding months. For example of you purchase on the 15th of February your payments will fall due on the 15th of March, April, May, June and February etc.
  • The client will be charged support and hosting fees on top of the payment plan once your website launches.
  • enflexion reserves the right to refuse the payment plan to customers.
  • The company reserves the right to alter or change the payment terms & conditions at any time.

DECLINED CREDIT CARD PAYMENTS

enflexion may charge a $25 amount for each time your credit card is declined on a regular payment.

OVERDUE ACCOUNTS

We may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

FAILURE TO PAY PROCESS

If your credit card is declined or a payment is not made we will undertake the following process:

We will attempt to debit your card again for up to 30 days and we will email the primary account holder of your credit card has expired or has been marked as “Pick Up”.

If your account is still overdue after 30 days we will suspend the account and email the primary account holder.

If your account is overdue for 60 days the account will be removed from our servers and irretrievably deleted from our platform.  If you are in a payment plan the full and outstanding amount will be due and enflexion may at our discretion use all legal debt recovery options available.

ACCOUNT CANCELLATION

All requests for canceling any service / services must be made in writing to info@enflexion.com.au, please include your domain name, last name on credit card in your email.

REFUNDS AND DISPUTES

All payments are non refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in our discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

RECEIPTS

Electronic Receipts are issued by our payment processor eWay as and when the payment is processed and are sent by email to your registered email address. The receipt will conform to the tax receipt requirements for the Australian Taxation Office. You can also download receipts and invoices from your client dashboard at https://www.myweblogin.com

SUPPORT & WEB HOSTING / SERVICE LEVEL AGREEMENTS

enflexion provides limited INCLUDED support for all customers that are on a monthly hosting or payment plan.

Support is limited to the use of the software only and does not provide support for and form of professional services that may be required, including but not limited to:

  • Updates or changes to the design of the website
  • Management of online content.
  • Support is restricted to between the hours of 9AM – 5PM Monday to Friday Australian Eastern Standard time.
  • Limited Urgent Support is offered on weekends, public holidays and at other periods when the enflexion office is closed.
  • When the office is closed or unattended it may take several hours for a support request to be reviewed and or actioned
  • enflexion closes from roughly the 21st December to the second Monday of January each year. During this period only urgent support requests will be answered.

Basic support which is free is limited to:

  • Basic Questions Regarding How to use our dashboard;
  • eMail set up (see below)
  • Special Occasion Generic Banner for Valentine’s Day, Mothers Day & Christmas

Requests for Support

Requests for support can be made in a number of ways:

  • By calling our Support line on 1300 730 560
  • By emailing support@enflexion.com.au
  • By making a Support Request through your website dashboard at https://www.myweblogin.com 

Banners for Valentine’s Day, Mother’s Day and Christmas Day

We provide a small library of generic banners for Special Occasions of Valentines, Christmas and Mothers Days. The banners are published online and an email is sent to our customers.  We will undertake LIMITED customization on these banners for you limited to:

  • Changing the size
  • Changing the words

enflexion will then load these onto your website for you.

What is not included in our general included support

enflexion will attempt to support our customers as much as possible within the included support.  We do however have a fair support policy and may at our discretion is

All other requests for support maintenance, upgrades etc will incur a support credit cost.

For all other support requirements and for clients who are not on the enflexion web hosting platform, clients may purchase support credits which are $165 per credit inclusive of GST.

CREDITS ARE CHARGED IN 15 MINUTE INCREMENTS

Zone One        1 Credit           Tasks that can be scheduled (but do not require immediate scheduling) between the hours of 8:30 AM to 5:30 PM Monday to Friday Australian EST. excluding public holidays.

Zone Two        1.5 Credits       Tasks that can be scheduled (but do not require immediate scheduling) between Weekday evenings between 5:30 PM – 7:30 PM Australian EST, excluding Public Holidays

Zone Three      2 Credits          All other times

Emergency      Twice the credit rates applicable above        Tasks that require immediate scheduling.

SO FOR ZONE 1, 1 HOUR WOULD EQUAL 1 CREDIT.

For example if we performed 10 hours of scheduled work in a month in Zone 1 times, that would be 10 credits. If there was an emergency required for 2 hours this would be 4 credits during zone one, 6 credits during Zone Two and 8 credits at all other times.

COMPATIBILITY WITH BROWSERS & DEVICES

enflexion warrants the software and website will be compatible with the current public web browsers for 90 days from the time of launch of a website.

Web Browsers and web enabled devices change at a rapid pace and whilst we do our utmost to ensure future compatibility we cannot always warrant that the website and or software will be compatible with new technology.

We also fully anticipate that there will be total technological change every two – three years and websites will require additional work to maintain in step with future technological requirements.

We only warrant that current main stream technology will be compatible. Whilst enflexion strives to ensure that your website and software is free from bugs we do not warrant that under all circumstances the software will work. By payment of your final invoice you are warranting that you accept the software / website as working corrrectly from that date.

enflexion only warrants that your website and software will work with common current web browser versions at the time of design.

WEBSITE PACKAGES

If you have purchased a website package you are purchasing a set outcome and deliverable.  Each package has it’s own limitations and it’s the responsibility of the client to ensure they understand the publicly published inclusions on each package.

In addition to the published inclusions of the packages the following limitations apply:

Starter Package

We will allow you to choose one theme that we will then do minor custom alterations not limited to:

  • Colour
  • Images
  • Products
  • Product Categories
  • Basic layout of elements. 

There is no customization of the eCommerce checkout process included, although additional custom elements can be paid for.

Functional Inclusions

The Starter package has functional limitations to what services and functions are available on your website.  It is important that you understand what these are on the published marketing pages of the website.

Premium / Innovator Package

The premium package allows three design iterations to be undertaken before additional costs may be sought.

All Packages

If after the design is approved and cut into your site a major design change is require you will incur additional costs.

COPYRIGHT AND OWNERSHIP OF WORK

The intellectual property and copyright of the following deliverables:

  • Templates, graphics and professional advice
  • Private Business Rules or Process
  • Custom Reports or Advice

will pass to the client on final project payment and completion.

The methodologies used in the project remain the intellectual property and copyright of enflexion and may not be disclosed or provided to any third party without the clear pre-approval in writing of enflexion.

Software licensing including all software code developed by enflexion for clients use is fully owned by enflexion. This includes ANY custom code or process that is developed and paid for by a client. 

enflexion may at it’s discretion integrate and or use any custom code or process in future releases of software, websites and products.

The client by agreeing to this contract irrevocably understands enflexion’s Intellectual Property Ownership.

TRANSER OF ACCOUNT / OWNERSHIP OF WEBSITE

A customer may sell or transfer their enflexion website account with the written approval of enflexion PTY LTD.

To sell or transfer an account the existing account holder must information enflexion in writing of the new owners and provide the following information:

iPhone Application eCommerce FAQs

Do I have to be an Apple Developer

No you do not have to be an Apple Developer to have an app in the iTunes App store, however if you are not a developer then we (enflexion PTY LTD) will be listed as the developer of the application.

If you would like to be listed as the developer of the application – this is relevant for Florists where we sell to many customers in the same industry we can assist you with signing up. There is a yearly fee of $99 charged by Apple.

Will the app work on Android, Blackberry etc

No, the app is for iPhones and iOS only

Are there ongoing costs?

Not from Apple, however you will still have to pay for your normal website web hosting and support on our Innovator monthly fee.

You may also have other costs associated with your specific app for items such as Notifications. However these will be fully outlined before commencement of your project.

Do I have to have my website through enflexion / flower store in a box

Yes, our iPhone application for ecommerce is only available as a component of Sliced Bread by enflexion.

How do we update the Application?

This depends on what you wish to update, if you are updating products and pricing etc this will automatically be pushed to the App, if you are updating functionality etc then this must be done through enflexion. And a new version of the App submitted to the App Store.

How long will it take Apple to approve the Application

This is very dependant we have had applications approved in three days and others in two weeks.

What happens if there is a bug?

This will depend on when the bug is found, if it is after the warranty period then any future work require payment and most likely a new version submitted to Apple. If it’s within the warranty period we will identify if it’s a bug and fix appropriately.

Who provides end user support for the application?

You provide end user support for your customers.

Who owns the App?

The software and code are owned by enflexion, content is owned by you. Unless a specific Intellectual contract has been signed by both parties.

Will the App work on all future iOS versions?

No, as we don’t know what iOS tricks may be in future version we cannot guarantee that your app will work seamlessly. Apple however has a history of making iOS’s that are backwards compatible for applications so it’s unlikely that your application would stop working.

When I update a product on my website will it be automatically updated on the app?

Yes, your product catalogue and content pages linked in the app are all integrated between your website and your application.

Can I have extra functionality built?

Yes of course and we aremore than happy to discuss additional features and quote you for these.

 MYWEBLOGIN EULA

READ CAREFulLY: This License Agreement is a legal agreement between you (either an individual or a single entity (company or business)) and enflexion PTY LTD for the software and or associated modules accompanying this License agreement, which includes computer software and may include associated media, printed materials, and online or electronic documentation. By exercising your rights to make and use this software product, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license agreement, you may not use the software product.

USE

You (an entity or a person) can make use of the software identified above (the "Software") in the quantity purchased if you meet the following conditions:

The license grants the nonexclusive, nontransferable license to use the Software on a single internet domain name for which it was purchased. One Internet domain name is:

http://www.yourdomainname.com

Separate licenses are required for sub domains i.e.:

http://subdomain.yourdomainname.com

Exceeding this limit is a violation of the product license.

SOFTWARE INSTALLATION

enflexion PTY LTD will use its best efforts to install the Software our servers. Due to factors outside of enflexion PTY LTD's control, including but not limited to server configuration and file availability enflexion PTY LTD does not allow the software to be insliatted on any server not owned or controlled by enflexion PTY LTD.

enflexion PTY LTD will not be responsible for any losses or damages suffered by Licensee as a result of the installation or attempted installation of the Software.

PRODUCT MAINTANENCE & UPGRADES

enflexion PTY LTD will provide general support & maintenance for the software at:

http://www.myweblogin.com and the individual domain name the software is installed when the following conditions are met:

The site is hosted by enflexion PTY LTD

The client is financially up to date with all payments and has no outstanding balance in excess of 30 days

UPGRADES

From time to time new features and functionality will be added to the software.  enflexion will attempt to upgrade individual installations of software, however new features and functions will not always be available due to limitations of the original website.

WEB HOSTING ACCEPtable USAGE POLICY

We are dedicated to providing an all round top quality service for our web hosting platform The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. we will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact us.

ILLEGAL USAGE

Our servers may be used for lawful purposes only.

Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.

The subscriber to we service agrees to indemnify and hold harmless we from any claims resulting from the use of the service that damages the subscriber or any other party.

we will be the sole arbiter as to what constitutes a violation of this provision.

ADULT CONTENT

Legal Adult Content is allowed

SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

SERVER RESOURCE

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. we shall be the sole arbiter of what is considered to be a high server usage level.

CHAT ROOMS

we do not provide chat room software. You may elect for a Dedicated Server to Run a chat room efficiently

BACKGROUND RUNNING PROGRAMS

we do not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. IRC we does not allow IRC or IRC bots to be operated on our servers.

BACKUPS

Our web hosting agents perform daily backups on all servers to ensure critical files are never lost. However we are NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.

CLIENT RESPONSIBILITY

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of we to provide this knowledge or support outside matter specific to we servers.

UCE (UNSOLICITED COMMERCE EMAIL) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a we server or using an email address that is maintained on a we machine is STRICTLY prohibited. we will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a we server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.

SERVER ABUSE

Any attempts to undermine or cause harm to our servers or customer is strictly prohibited. Any sub-networks of we and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

SOFTWARE DISTRIBUTION

Our shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us for a special arrangement.

MULTIMEDIA FILES

Multimedia files are defined as any graphics, audio, and video files. Our Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

DOMAIN NAMES

We will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. We do not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

ACTIONS TAKEN BY US

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. We will be the sole arbiter as to what constitutes a violation of the AUP. we reserves the right to remove any account without prior notice.

When we become aware of an alleged violation of its AUP, we will initiate an investigation. During the investigation, we may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement authorities of such violation.

We not issue credits for outages incurred through service disablement resulting from AUP violations.

We customers agree to indemnify and hold harmless we from any claims resulting from the use of our services that damages them or any other party. The we service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. We expressly disclaim any representation or warranty that the we service will be error-free, secure or uninterrupted.

No oral advice or written information given by us, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. We and our partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

MODIFICATION

We reserve the right to add, delete, or modify any provision of this Policy at any time without notice.

REFUSAL OF SERVICE

We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason.

FTP ACCESS

We do not under any circumstances provide FTP access to our servers.  Many SEO companies will request FTP access and this will always be denied for security reasons.  There are absolutely no reasons why this access is required.

THIRD PARTY SOFTWARE INSTALLED ON SERVER

If third party software is installed on your account such as but not limited to WordPress, we offer no warranty or guarantee for the software.  It is the client’s responsibility to ensure that the third party software is kept up to date and regular security patches are applied.

NO WARRANTY FOR DoS OR HACKING BY THIRD PARTY ATTACKS

We offer no warranty for Denial of Service or other hacking attacks.  We maintain a strong security for our virtual and physical services