 |
 As the market leader within our industry, we pride ourselves on providing up-to-date information to our customers. Our website keeps our current customers informed and attracts new business. Through our association with Optimisation Australia, traffic through our website has increased significantly. The Optimisation Australia team has developed optimisation strategies that target specific markets and attract quality leads.
Terry Colquhoun
National Sales & Marketing Manager
Ingal Civil Products
Kirrawee, NSW
|
 |
To provide an unrivaled passion & dedication in growing your business through the most powerful media today – Search engines
To be totally open & transparent in the success and step by step improvements being made with an in depth reporting program
 |
|
|
|
Home  Terms & Conditions |
 |
| Search Engine Optimisation Terms & Conditions |
Optimisation Australia is the trading name of Web4site Pty Ltd. This SEO Service Agreement ("Agreement") is by and between Web4site Pty Ltd (“Web4site”), of 105 Coogee Bay Road, Coogee, NSW 2034 and you, and your heirs, assigns, agents and contractors (collectively, "You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Web4site´s search engine optimisation (“SEO”) service represents the entire Agreement between You and Web4site concerning the subject matter hereof. By using Web4site´s SEO service, You acknowledge and agree that You have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service that Web4site may establish from time to time.
Web4site currently provides the SEO service to its customers on a monthly subscription model based on the level of support and on-going optimisation that is required. Web4site shall provide You it’s SEO service that is aimed, but not guaranteed, to optimize pre-defined keywords and phrases , however, You agree to abide by the terms and conditions set forth herein and in each of Web4site`s policies and procedures, as may be amended by Web4site from time to time.
| 1.1 The SEO service is not guaranteed, but will be performed to the best of Web4site’s knowledge and ability; |
 |
You should be satisfied once you have chosen to engage Web4site to implement the SEO service by examining Web4site’s experience and previous work that Web4site has the requisite knowledge and ability to implement the SEO service for You. |
|
Your website's ranking with a particular Search Term will rely on both the relevancy of that term on your pages, the popularity of that term on other websites and the relevance of the back-links to your website to the search term. |
|
Although Google's results are displayed on other search engines, the work that is carried out by Web4site is aimed at increasing visibility and boosting ranking on Google, MSN and Yahoo!. It is not possible to give a 100% guarantee for any specific result on any search engine, nor can Web4site quantify the level of increased traffic or sales, as a result of the SEO campaign. |
|
No guarantees will be given as to a Your website’s ranking as the search engines change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually. It is possible for Your website’s rankings to go backwards, if this were to happen, no liability will be on Web4site and no refunds or discounts given. |
|
SEO deliverables are to improve Your website rankings on the key words selected &/or close variations of these phrases. In some cases it may not be possible to improve rankings on certain key word phrases and in this case Web4site will select the closest relevant key word phrases to optimise. |
|
SEO process takes at least 2-3 months to show some significant effect. During this time the client site is analysed and optimised within the timelines and resources specified in agreement. Achieving stable high rankings can take up to 6-12 months.
|
| 1.2 SEO reporting will be commence 2 months after the that start date of the campaign and performed once per month unless otherwise agreed by the client |
|
will be based upon listings of Google only unless otherwise agreed
|
| 1.3 You agree to give Web4site the following access and that should such access not be granted, Web4site will not be held responsible for meeting any agreed upon targets; |
|
You grant authority to submit the website pages being promoted to search engines and directories |
|
Web4site will have the ability to optimise the structure and content of clients’ web pages. Such changes generally have a minimal visual impact. Web4site will work directly with You in order to maintain the original look and feel of your website. |
|
The client must provide Web4site with log-on information (username and password) to gain FTP access to the website. Web4site will maintain confidentiality of log-in information according to Web4site’s privacy policy. |
|
You must inform webmasters or anyone else who has access to the Website that Web4site are performing SEO services on the site. |
|
must allow implementation of all optimisation strategies on their website. |
|
You are responsible for ensuring that your website is always active and accessible
|
| 1.4 Any SEO work that Web4site undertakes may be detrimentally affected if You have: |
|
Employed the services of another SEO Company or any other related company to work on the website during the same period, or |
|
Employed the services of a search engine submission company during the same period, or |
|
Created any duplicate sites, duplicate content or pages, redirects or doorway pages, or |
|
Requested or exchanged links with link farms or undertaken any spamming techniques which may harm the website's ranking with Google, or |
|
Attempted to use any other techniques, whether allowed by Google or not, to attempt to increase the SEO ranking of the site, or |
|
Any other additional SEO or SEO related activity.
|
| 1.5 Web4site will not be held responsible for reaching any agreed upon targets if You have attempted to complete any of the above listed tactics (see 1.1) |
| |
To that effect Web4site requests that You inform Web4site in writing if any of the above has been undertaken either currently or prior to the appointing of Web4site. If any such work has been undertaken Web4site will not be held responsible for any agreed targets or guarantees and in such circumstances and Web4site reserves the right to withdraw it’s obligations to the client. |
| |
It is agreed and understood that any activities undertaken by You (or by any third party on Your behalf) which is in relation to or similar to the Works, including without limitation any modification of the Works or the Your website or the use of or inclusion of any third party product or service which might relate to the Works shall interfere with the provision of the Works by Web4site and affect the results, outcomes and positions in search engines. All such things should be discussed with Web4site prior to implementation and You shall not implement the same without the prior written consent of Web4site. |
| |
* Web4site may make void any campaign and render all of the outstanding balance payable should it be discovered that You have participated in actions considered undesirable (spamming) by the search engines, such as hidden links, links to link-farms, FFA link pages, redirect or cloaking techniques, submissions the web pages of the site to the search engines, search directories or other websites without the consent of Web4site, used automated website submission software or automated reciprocal link programs.
|
| 1.6 Web4site may provide hosting advice and will not be held liable for not achieving agreed upon goals in the event that such advice is not taken |
| |
The Client agrees that their website is not hosted on free web space using domain forwarding (either framed or otherwise). |
| |
In cases where there is either concern that the current hosting IP address may be part of a 'bad neighbourhood' or for reasons of optimisation, Web4site may request the client to change hosting provider
|
| 1.7 Web4site cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website. |
| |
| 2. Intellectual Property |
Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the SEO service and all rights are reserved by Web4site. You acknowledge and agree that the SEO service and procedure, the names and logos of Web4site and all related product and service names, are the sole and exclusive property of Web4site and its affiliates.
|
| 3. Fees and Payments |
|
3.1 Fees will be billed on a Monthly cycle in your selected currency (Australian dollar) for Services. The Fees are based on the volume package you select and any excess fees from the previous billing cycle. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Web4site. The Fee Schedule, for both standard subscriptions and excess fees, is subject to change at any time at Web4site’s discretion. Web4site will attempt to notify you via email prior to the effectiveness of any change to the fee schedule. In many cases, existing subscribers will be able to retain current pricing for 12 months, but that is also at Web4site’s sole discretion |
|
3.2 Where Search Engines require subscriptions in order to be registered these costs are the responsibility of the client unless otherwise stated in writing in the agreement or as published as part of the campaign that has been purchased. Where registration fees are required Web4site will register the clients URL with the directories used by the major search engines. The client will be responsible for these fees unless stated in writing in the agreement or as published as part of the campaign that has been purchased.
|
| 4. Responsibilities and Restrictions |
|
4.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are expressly authorised by Web4site, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software. Violation of these restrictions may result in the termination of this Agreement. |
|
4.2 You acknowledge and agree that the Services and the Web4site company names and logos and all related product and service names, design marks and slogans, are the property of Web4site or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Web4site. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. |
|
4.3 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. |
|
4.4 In using the varied features of the Services, you may provide information (such as name, address, contact information, and other registration information) to Web4site. Web4site may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. Web4site will not provide information to companies you have not authorised for that purpose unless required by law or if you are terminated from Web4site due to unsolicited commercial email being sent from your account.
|
| 5. Termination |
|
5.1 Unless otherwise specified elsewhere, You may terminate this Agreement at any time by providing 30 days notice in writing, however the minimum period this agreement can run is 12 months. There are no refunds for any fees paid and You are responsible to pay the total amount of fees due over the minimum 12 month period. The minimum cost of this agreement is the stated Setup Fee plus 12 X Monthly Fees .Termination will only be effective 30 days after receipt of your cancellation. If the monthly anniversary falls within the 30 day notice period, the next monthly fee will be due in full, as the agreement can only cease at midnight the day before the monthly anniversary. Unless advised in writing this agreement, the Service and the fees will continue indefinitely. |
|
5.2 Web4site may terminate this Agreement or the Services, or disable your account, in each case at any time with or without cause, and with or without notice. Web4site shall have no liability to you or any third party because of such termination or action.
|
| 6. Warranty Disclaimer; Remedies |
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WEB4SITE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND WEB4SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your exclusive and sole remedy for any failure or non-performance of the Services shall be for Web4site to use commercially reasonable efforts to adjust or repair the Services.
|
| 7. Limitation of Liability |
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WEB4SITE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "WEB4SITE") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF WEB4SITE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, WEB4SITE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF WEB4SITE TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
|
| 8. Miscellaneous |
|
Web4site and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy |
|
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. |
|
No partnership, agency, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Web4site in any respect whatsoever. |
|
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees. |
|
It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the state of NSW (in Australia), without regard to the jurisdiction in which any action or special proceeding may be instituted.
|
| 9. Debtor Policy |
| 9.1 Default & Consequences Of Default |
|
Interest on overdue accounts shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgment. |
|
If You default in payment of any invoice when due, the You will indemnify Web4site from and against all of Web4site’s costs and disbursements including on a solicitor and own client basis and in addition all costs of collection. |
|
Without prejudice to any other remedies Web4site may have, if at any time You are in breach of any obligation (including those relating to payment), Web4site may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. Web4site will not be liable to You for any loss or damage You suffer because the Web4site exercised its rights under this clause. |
|
If any account remains unpaid by the next monthly anniversary after supply of the goods or services the following shall apply: An immediate amount of $50.00 shall be levied for administration fees which sum shall become immediately due and payable.
|
| In the event that: |
|
any money payable to Web4site becomes overdue, or in Web4site’s opinion You will be unable to meet payments as they fall due; or |
|
You becomes insolvent, convene a meeting with your creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or |
|
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any asset of You; then Web4site shall be entitled to cancel all or any part of any order from You which remains unperformed in addition to and without prejudice to any other remedies; and |
|
all amounts owing to Web4site shall, whether or not due under these terms and conditions, and Web4site may take any lawful steps to require payment of the amounts due and the total minimum amount due under this agreement. |
|
Web4site can issue proceedings to recover the minimum amount due under this agreement notwithstanding that ownership of the Goods may not have passed to You. |
| WebDrive Google PPC Terms & Conditions |
| 1. The Service |
Optimisation Australia is the trading name of Web4site Pty Ltd. These Terms & Conditions govern your use of Webdrive (the "Service"), an Internet subscription service operated by Web4site Pty Limited (ABN 94 116 927 354), ("Web4site") that provides users Search Engine Marketing services for Google AdWords. The Service is provided to you by Web4site on an "AS IS", "AS AVAILABLE" basis subject to the provisions contained herein for your personal or business use only.
Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of search engine marketing services. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.
Web4site reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice forwarded to you in writing, your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Web4site as permitted above. If we vary any terms of this agreement or change any product or price and the variation or change has a major negative impact on you, we will give you sufficient written prior notice to enable you to cancel the agreement.
|
| 2. Registration |
You must provide accurate, complete, and current registration information and you agree to provideWeb4site with an update of that information promptly should changes occur. Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses or sole traders or partnerships or trusts or associations owned or operated by individuals who are at least 18 years of age. Your right to use the Service cannot be transferred to any other person or any other entity. You are responsible for all use of your account under any password by any person whether or not authorized by you and for ensuring that all use of your account complies with these terms. Web4site may change at any time Key-Words used in a Search Engine Marketing campaign at any time without giving you notice. Web4site may terminate the service, at its own discretion, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that Web4site, in its sole discretion believes is harmful to others, the business of Web4site or other third party information or service providers. You acknowledge that the Service contains information, software, photographs, graphics, and other material (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of Web4site or third parties. All Content on the Service is copyrighted as a collective work of Web4site pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the use of the registered subscribers of the Service. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorised by the owner of the software's patent and/or copyright. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Web4site or the owners of such Content or their authorised persons. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content. Any information supplied by you upon registration for the Service and certain other information which Web4site may collect is subject to our privacy policy.
|
| 3. Third Party Links |
Some portions of the Web4site’s or users' Websites available on or through web4site may include links to third party sites. These links allow you to exit these Websites and enter third party or other users Websites. These links are provided only as a convenience. The linked Websites are not reviewed, controlled or examined by Web4site and Web4site is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by Web4site. In no event shall Web4site be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' Websites or the Information, advertising, products, resources or material accessed through these Websites. Web4site reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a Website, from Web4site and Web4site user amended Websites.
|
| 4. Fees and Payments |
You must pay us the price that is stated in this agreement on the due date. If you don’t pay us by the due date we reserve the right to suspend/cancel your service until such time that the arrears are paid in full and/or charge you interest on the unpaid amount from the time it was due at the rate of 2.5% per month. The minimum cost of this agreement is the stated Set Up Fee plus 12 X Monthly Fees. You must supply us with the information we request in order to provide you with the Service. Ongoing Service fees will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations Policy. Web4site works closely with you to identify realistic goals and timelines and employ the appropriate mix of tactics to maximize your Google AdWords.
|
| 5. Cancellations |
Unless you notify Web4site, in writing, that you do not wish to continue with the Service after the end of the first 12 months of this agreement, the same monthly subscription amount will continue to be charged to the same credit card or deducted from your bank account, through our Direct Debit arrangement or invoiced. You are responsible for all charges incurred up to the time the account is terminated, including all charges for the month following the receipt of such notice. Web4site reserves the right to change the amount of any fee or charge for the Service or to institute new fees or charges, effective on at least 30 days prior notice. Web4site reserves the right, in its sole discretion, to restrict, suspend or terminate your Service at any time for any reason without prior notice or liability. Web4site may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
|
| 6. Service Guarantee |
Web4site guarantees to refund all monies paid in the previous 12 months if the guaranteed number of New Visits (as monitored by Google) set out in the agreement, is not achieved on each 12 month anniversary of the date the agreement was signed.
|
| 7. Disclaimer of Warranties |
You expressly agree that entering or using of Web4site is at your own risk. No warranty, representation, condition, undertaking or term - express or implied, statutory or otherwise - including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of Web4site is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded. Web4site makes no warranty that the Service will be uninterrupted, timely, secure, or error free; Web4site makes no representations as to the suitability of the information available on or through Web4site, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency. Web4site makes no warranty that a Search Engine Marketing campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose. Web4site makes no warranty to the position your advertisement is placed on a search result page or the frequency and time of day that your advertisement is displayed. All such information on the user-amended sites is provided by the users. The information available on or through Web4site’s user amended sites is not reviewed, controlled or examined by Web4site in any way before it appears on Web4site. Web4site does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites and their AdWords advertisement content and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).Web4site abides by the guidelines of Google AdWords, key terms or adverts requested by the customer must also abide by these guidelines. The packages are sold on the terms of key terms being a key term and location, hence key terms on their own without a location may require a higher subscription or an increase in the customer’s current package. Web4site does not guarantee that all keywords submitted by you will be used in the campaign as your subscription amount may not be sufficient to pay for premium keyword or phrases. The guaranteed number of new visits refund policy is voided if; (a) Google discontinues or changes it’s product in such a way as to make the Service redundant; (b) Your website is offline for a period of 14 days or more; (c) The content of your website is such that it does not comply with Google’s advertising policy; (d) There has been a break in the Service due to non-compliance of the terms and conditions herewith; and/or (e) You have not supplied us with sufficient information to have you ad published within 14 days of signing the agreement. Web4site does not warrant or guarantee: (a) that any information available on or through Web4site will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; (b) that the information available on or through Web4site will not contain adult-oriented material, or material which some individuals may deem objectionable; or (c) that the functions or services performed byWeb4site will be uninterrupted or error-free or that defects in Web4site will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user's information or system.
|
| 8. Limitation of Liability |
In no event shall Web4site be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising - in any way, shape or form - out of the availability, use, reliance on, inability to utilise or improper use of Web4site even if we have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you. In no event shall Web4site be liable to any party for any delays, inaccuracies, errors or omissions with respect to the Service or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through Web4site. You expressly agree to indemnify and hold harmless Web4site, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your Information, your use of Web4site, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.
|
| 9. Debtor Policy |
| Default & Consequences Of Default |
|
Interest on overdue accounts shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgment. |
|
If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against the entire Seller's costs and disbursements including on a solicitor and own client basis and in addition all costs of collection. |
|
. Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause. |
|
If any account remains unpaid at the end of the second month after supply of the goods or services the following shall apply: An immediate amount of $50.00 shall be levied for administration fees which sum shall become immediately due and payable.
|
| In the event that: |
|
Any money payable to the Seller becomes overdue, or in the Seller's opinion the Buyer will be unable to meet its payments as they fall due; or |
|
the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into An arrangement with creditors, or makes an assignment for the benefit of its creditors; or |
|
A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then |
|
the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and |
|
all amounts owing to the Seller shall, whether or not due the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price. |
|
The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.
|
| Privacy Act 1988 |
|
The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller. |
|
The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
|
| |
|
To assess an application by Buyer; |
| |
|
To notify other credit providers of a default by the Buyer; |
| |
|
To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and |
| |
|
To assess the credit worthiness of Buyer and/or Guarantor/s.
|
|
The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988). |
| |
The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:
|
| |
|
provision of Services & Goods; |
| |
|
marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods; |
| |
|
analysing, verifying and/or checking the Buyer's credit, payment and/or status in relation to provision of Services/Goods; |
| |
|
processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and |
| |
|
enabling the daily operation of Buyer's account and/or the collection of amounts outstanding in the Buyer's account in relation to the Services and Goods. |
| |
|
The Seller may give, information about the Buyer to a credit reporting agency for the following purposes: |
| |
|
to obtain a consumer credit report about the Buyer; and or |
| |
|
allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
|
| 10. Miscellaneous |
| Web4site reserves the right in its sole discretion to (a) make improvements, corrections, adaptations, conversions and/or any other change in the Service and to any part thereof and/or to revise or modify these Terms and Conditions of Service; (b) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the Service or any part thereof, to all users or any number thereof including without limitation the use of or access to the Service, granted to you or to any other user, at any time, without notice, for any reason or no reason; (c) establish a new operating and usage policy for the Service and change it at any time for any reason or no reason; (d) cancel, change, hold, de-list, introduce different options and features to different users or refrain from publishing Service numbers or any other details of the users using the Service, at any time. These Terms and Conditions of Service do not grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary rights of Web4site; and (e) replace Google or add other search engines to the Service. Web4site may revise or replace these Terms and Conditions of Service from time to time. You agree that your use of the Service, beyond a period of 15 days after a notice of such change has been provided in writing for the first time, shall constitute your consent to the new or revised Service Terms and Conditions. Any reference made in this document to Web4site shall be deemed to have been made to its suppliers, co-branders and licensors and each of their subsidiaries, successors, assignees, affiliates as well as any company that controls Web4site, directly or indirectly, and any other subsidiary of that controlling company. |
|
|
|
|
