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Optimisation Australia was truly the best decision we have made.

Pan Davarias
Director
KSG
Sydney, NSW



Since Optimisation Australia took over our online marketing we have seen our internet sales increase by 110%!! This now equates to 30% of our total business sales! – Thanks to everyone at OA!

Nick Aifantis
Pool and Spa Warehouse
Blacktown, Sydney

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


 
 
WebDrive & WebDrive+ Terms and Conditions of Service
 
1. The Service
These Terms & Conditions govern your use of WebDrive or WebDrive+ (the "Service"), an Internet subscription service operated by Optimisation Australia (ABN 94116927354) that provides users Search Engine Marketing (SEM) and or Search Engine Optimisation (SEO). The Service is provided to you by Optimisation Australia on an "AS IS", "AS AVAILABLE" basis subject to the provisions contained herein for your personal or business use only. The agreement will continue for an initial term of 12 months unless otherwise stated. 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 SEM and/or SEO services and third party phone tracking services provided by Avanser Pty Ltd. A unique phone number will be added to your website for the purpose of tracking phone calls generated by the service. Use of the phone tracking is included in the plan and covered by our Fair Use Policy. 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. Optimisation Australia 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 and available for review on our website www.optimisationaustralia.com.au . Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Optimisation Australia 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. You agree to give Optimisation Australia the following access and that should such access not be granted, Optimisation Australia will not be held responsible for meeting any agreed upon targets; (a) You grant authority to submit the website pages being promoted to search engines and directories. (b) Optimisation Australia will have the ability to optimise the structure and content of client’s web pages. Such changes generally have a minimal visual impact. Optimisation Australia will work directly with You in order to maintain the original look and feel of your website. (c)The client must provide Optimisation Australia with log-on information (username and password) to gain FTP access to the website. Optimisation Australia will maintain confidentiality of log-in information according to Optimisation Australia’s privacy policy. (d) You must inform webmasters or anyone else who has access to the Website that Optimisation Australia are performing SEM and SEO services on the site; (e) You must allow implementation of all optimisation strategies on your website; (f) You are responsible for ensuring that your website is always active and accessible. The Service may be detrimentally affected if You have: (a) Employed the services of another SEM or SEO Company or any other related company to work on the website during the same period: (b) Employed the services of a search engine submission company during the same period (c) Created any duplicate sites, duplicate content or pages, redirects or doorway pages: (d) Requested or exchanged links with link farms or undertaken any spamming techniques which may harm the website's ranking; (e) Attempted to use any other techniques, whether allowed by Google, Bing or Yahoo! or not, to attempt to increase the SEO ranking of the site; (f) Run a Google Adwords (Or Bing or Yahoo! Equivalent) campaign at the same time as using this service.

2. Registration
You must provide accurate, complete, and current registration information and you agree to provide Optimisation Australia 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. Optimisation Australia may change at any time Key-Words used in a SEM or SEO campaign at any time without giving you notice. Optimisation Australia 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 Optimisation Australia, in its sole discretion believes is harmful to others, the business of Optimisation Australia 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 Optimisation Australia or third parties. All Content on the Service is copyrighted as a collective work of Optimisation Australia 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 Optimisation Australia 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 Optimisation Australia may collect is subject to our privacy policy.

3. Third Party Links
Some portions of Optimisation Australia’s or users' Websites available on or through Optimisation Australia 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 Optimisation Australia and Optimisation Australia 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 Optimisation Australia. In no event shall Optimisation Australia 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. Optimisation Australia reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a Website, from Optimisation Australia and Optimisation Australia user amended Websites.
4. Fees and Payments
You agree to pay Optimisation Australia the Campaign Setup Fee, the Campaign Fee and the Campaign Management Fee as set out in your agreement. You must pay us the fees that are 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 and/or any other product or service offered by Optimisation Australia separate from this agreement until such time that the arrears are paid in full and/or charge you interest on the unpaid amount from the time it as due at the rate of 2.5% per month. You will be liable for a $15 administration fee should your credit card or direct debit payment fail. The minimum cost of the agreement is the stated Set Up Fee plus the number of Monthly Fees laid out within the agreement. 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. Optimisation Australia works closely with you to identify realistic goals and timelines and employ the appropriate mix of tactics to maximize your website traffic.
5. Reporting
Optimisation Australia will give you access to our online reporting, WebTracker (Under development). You will be provided with a login where you can monitor Impressions, Clicks, Phone Calls and Web Actions. Optimisation Australia does not guarantee the Service will be operable at all times or during any down time; (a) caused by outages to any public Internet backbones, networks or servers, (b) caused by any failures of your equipment, systems or local access services, (c) for previously scheduled maintenance or (d) relating to events beyond Optimisation Australia (or its wholly owned subsidiaries') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Optimisation Australia (or its wholly owned subsidiaries) or your servers are located or co-located. Complete accuracy in all aspects of your statistics at all times also is not guaranteed due to third party provided information and the availability of the same. While WebTracker is under development you will be given reports on a monthly basis detailing website activity and a login to our 3rd phone tracking provider to monitor and listen phone calls.
6. Cancellations
Unless you notify Optimisation Australia in writing that you do not wish to continue with the Service after the end of the term outlined in the agreement, the service will continue at the same spend level, however the management fee will be billed at 30% per month which will be charged to the same credit card or deducted from your bank account through our Direct Debit arrangement. This may result in an increase in the subscription due to the higher Campaign Management Fees payable on the month to month rate. You are responsible for all charges incurred up to the time the account is terminated, including all charges for the month of the receipt of such notice. Optimisation Australia 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. Optimisation Australia 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. Optimisation Australia 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. Upon cancellation all SEM and SEO strategies will cease and we will remove all of Optimisation Australia’s SEO IP from your website (Your website will be restored to the settings it had prior to commencement of the service). If, after cancelling the Service, it is discovered that your website is still using Optimisation Australia’s SEO IP you will be liable for 1 years fees (Total of all Service fees paid in last 12 months of receiving the service) payable in full immediately.
7. Disclaimer of Warranties
You expressly agree that entering or using of Optimisation Australia 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 Optimisation Australia is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded. Optimisation Australia makes no warranty that the Service will be uninterrupted, timely, secure, or error free; Optimisation Australia makes no representations as to the suitability of the information available on or through Optimisation Australia, 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. Optimisation Australia makes no warranty that a SEM or SEO campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose. Optimisation Australia 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. Optimisation Australia cannot be held responsible should Google rate your website with a low “Quality Score” which results in your ads ranking lowly or sometimes not at all for selected keywords. Although Google's results are displayed on other search engines, the work that is carried out by Optimisation Australia is aimed at increasing visibility and boosting traffic from Google, MSN, Yahoo! and other sources that Optimisation Australia sees fit. It is not possible to give a 100% guarantee for any specific result on any search engine, nor can Optimisation Australia quantify the level of increased traffic or sales, as a result of the SEM or 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 Optimisation Australia and no refunds or discounts given. SEM and SEO deliverables are to improve Your website’s relevant traffic on the key words selected &/or close variations of these phrases. The information available on or through Optimisation Australia’s user amended sites is not reviewed, controlled or examined by Optimisation Australia in any way before it appears on Optimisation Australia. Optimisation Australia does not endorse, verify or otherwise certify the contents of any such information. Users are solely responsible for the contents of their websites 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).Optimisation Australia abides by the guidelines of Google, Bing and Yahoo!, 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. Optimisation Australia 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 number of new visits may be affected if; (a) Google, Bing or Yahoo! discontinues or changes its 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, Bing or Yahoo!’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 your listings published within 14 days of signing the agreement; (f) Optimisation Australia does not warrant or guarantee: (a) that any information available on or through Optimisation Australia 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 Optimisation Australia will not contain adult-oriented material, or material which some individuals may deem objectionable; or (c) that the functions or services performed byOptimisation Australia will be uninterrupted or error-free or that defects in Optimisation Australia 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 Optimisation Australia 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 Optimisation Australia 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 Optimisation Australia 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 Optimisation Australia. You expressly agree to indemnify and hold harmless Optimisation Australia, 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 Optimisation Australia, your violation of these Terms and Conditions of Service or your violation of any rights of any third party. Upon cancellation Optimisation Australia will not be held liable for any loss of traffic or sales as a result of removal of Optimisation Australia’s SEO IP.
9. Debtor Policy
1. Default & Consequences Of Default a. 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 judgement. b. If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller's costs and disbursements including on a solicitor and own client basis and in addition all costs of collection. c. 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. d. 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. e. In the event that: i. 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 ii. 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 iii. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then 1. 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 iv. 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. v. 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. 2. Privacy Act 1988 a. 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. b. 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: i. To assess an application by Buyer; ii. To notify other credit providers of a default by the Buyer; iii. 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 iv. To assess the credit worthiness of Buyer and/or Guarantor/s. c. 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). d. 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: i. provision of Services & Goods; ii. marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods; iii. analysing, verifying and/or checking the Buyer's credit, payment and/or status in relation to provision of
10. Services/Goods;
iv. processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and v. 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. e. The Seller may give, information about the Buyer to a credit reporting agency for the following purposes: i. to obtain a consumer credit report about the Buyer; and or ii. allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
11. Fair Use Policy
All call costs associated with the provided website telephone number shall be covered by Optimisation Australia, however they are subject to a Fair Use Policy. Fair use will be considered if the cost of the calls is; (a) Less than twice the average customer’s monthly call costs or; (b) Less than half of the monthly management fees. In the event of call costs exceeding either (a) or (b) it will be considered excessive use. In an event of excessive use for 1 month Optimisation Australia may call you to discuss your requirements. If excessive use occurs for 2 months Optimisation Australia may charge you for all future ongoing call costs.
12. Miscellaneous
Optimisation Australia 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 Optimisation Australia; and (e) replace Google or add other search engines to the Service. Optimisation Australia 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 Optimisation Australia 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 Optimisation Australia, directly or indirectly, and any other subsidiary of that controlling company.
13. Customer Direct Debit Request (DDR) Service Agreement
This is your Direct Debit Service Agreement with OPTIMISATION AUSTRALIA PTY LTD (314011) 94 116 927 354. It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.
How to Contact Us
Enquiries
You can contact us directly or alternatively contact your financial institution. These should be made at least 7 working days prior to the next scheduled drawing date. You may contact us as follows:-Phone: 1300 657 362 Email: admin@optimisationaustralia.com.au Mail: Suite 302a, Level 2, Westfield Eastgardens Eastgardens, NSW, Australia 2036 All communication addressed to us should include your Customer Number.
Definitions
account means the account held at your financial institution from which we are authorised to arrange for funds to be debited. agreement means this Direct Debit Request Service Agreement between you and us. banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia. debit day means the day that payment by you to us is due. debit payment means a particular transaction where a debit is made. direct debit request means the Direct Debit Request between us and you. debit day means the day that payment by you to us is due. us or we means OPTIMISATION AUSTRALIA PTY LTD (314011)) you have authorised by requesting a Direct Debit Request. you means the customer who has signed or authorised by other means the Direct Debit Request. your financial institution means the financial institution nominated by you on the DDR at which the account is maintained.
Debiting your account
By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you. We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. or We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due. If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
Amendments by us
We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
Amendments by you
You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least 7 days notification by writing to: Suite 302a, Level 2, Westfield Eastgardens Eastgardens, NSW, Australia 2036 or by telephoning us on 1300 657 362 during business hours; or arranging it through your financial institution, which is required to act promptly on your instructions.
Your obligations
It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request. If there are insufficient clear funds in your account to meet a debit payment: - you may be charged a fee and/or interest by your financial institution; - you may also incur fees or charges imposed or incurred by us; and - you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment. You should check your account statement to verify that the amounts debited from your account are correct.
Dispute
If you believe that there has been an error in debiting your account, you should notify us directly on 1300 657 362 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up directly with your financial institution. If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted. If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
Accounts
you should check: - with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions. - your account details which you have provided to us are correct by checking them against a recent account statement; and - with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
Confidentiality
We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you: - to the extent specifically required by law; or - for the purposes of this agreement (including disclosing information in connection with any query or claim).
Notice
If you wish to notify us in writing about anything relating to this agreement, you should write to OPTIMISATION AUSTRALIA PTY LTD Suite 302a, Level 2, Westfield Eastgardens Eastgardens, NSW, Australia 2036 We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request. Any notice will be deemed to have been received on the third banking day after posting.
 
WEBSTART TERMS AND CONDITIONS
In this document, “You” is used to describe your business or individuals acting on your behalf. “Optimisation Australia” and “we” is used to describe the Optimisation Australia product as well as Optimisation Australia Pty Ltd the company. Authorisation You are engaging Optimisation Australia for the specific project of developing a website to be installed on our provided WebHost product. By entering into an agreement with Optimisation Australia, you hereby authorise Optimisation Australia to access your domain name or server details. Definitions “Client” or “you” means the party specified under the heading “Business/Personal Details” in the order confirmation. “Optimisation Australia” or “we” means Optimisation Australia Pty Limited ACN 116 927 354 “Setup Fee” means the amount or amounts, if any, specified in the order confirmation as “Setup Fee”. “Start date” means the date specified under the heading “Start Date” on the order confirmation. “Term” means, in relation to each of the services, the period commencing on the date of the order confirmation, and ending when this agreement, or that part of this agreement that relates to those services, is validly terminated. “Website Hosting Cost” means the sum specified as “Monthly Payment Total” under the heading “Website Hosting” in the order confirmation.
1. Website Setup 1.1. The initial template selection will be finalized during the sale. Further phone and email consultation will allow for text images and any other copy to be sent. 1.2. During the setup, a domain name will be selected, the registration is included in the price of your website hosting package and Optimisation Australia will renew your website domain and hosting each year during the term. If you already have a domain name we will require you to provide us with login details. 1.3. During the Setup you will be asked to provide content and a logo which will be used to create your website.
2. Domain Name Transfer We will, if requested, transfer ownership of the domain name to you after the initial 12 month contract period, provided that there is at that time no money owing by you to Optimisation Australia.
3. Completion Date 3.1. The completed website will be submitted to you for approval and publication no later than 3 working days after receipt of all items in (1) and full payment. 3.2. If you fail to supply sufficient website content, or fail to provide that content promptly, you acknowledge that the 3 day period referred to above in 3.1. is to be extended to 3 days after the receipt of the same. Notwithstanding such delay, you shall pay the monthly hosting fee on the start date, and at monthly intervals until the end of the Term.
4. Website Changes 4.1. If after using your 1 website revision in 3.1 you require further changes, Optimisation Australia can undertake website maintenance when requested. Any changes required must be emailed to us and we will provide you with a written quote outlining the changes proposed and the costs involved to carry out those changes. All quotes are valid for 30 days from date of issue. 4.2. Once we receive your written email approval for the quote, we will complete the scope of work as quoted within a reasonable time. 4.3. Optimisation Australia will not accept any responsibility for any alterations performed either by you or a third party. Such alterations include, but are not limited to, additions, modifications and/or deletions.
5. Loss of Service 5.1. We will endeavour to maintain network stability and satisfactory service levels, however: We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory. 5.2. We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of God’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, computer hackers, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as that of a third party), failure of software, failed software or hardware upgrade or any other failure as caused by you, our suppliers or any third party. 5.3. We may, at our discretion provide notification of outages whether planned or unplanned. 5.4. You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
6. Limitation of Liability 6.1. Optimisation Australia does not warrant that you will receive continual and uninterrupted services during the Term of this agreement. 6.2. In no event will Optimisation Australia, its Directors, agents or employees be liable to you or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages, website, hosting, domain or email services, even if Optimisation Australia has been advised of the possibility of such damages. 6.3. You acknowledge that Optimisation Australia makes no warranty in relation to your customer base, or the quality, frequency or inflow of your customers, or customers that will contact you during the term of this agreement or otherwise.

7. Copyrights and Trademarks You represent to Optimisation Australia and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Optimisation Australia for inclusion in web pages are owned by you, or that you have permission from the rightful owner to use each of these elements, and you agree to indemnify Optimisation Australia in the event that you breach a representation or guarantee pursuant to this clause.

8. Indemnity You agree to defend, indemnify and hold Optimisation Australia harmless from and against any and all claims, losses, liabilities and expenses (including solicitors’ fees) related to or arising out of the Services provided by Optimisation Australia to you under this Agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by you using the Services, otherwise than pursuant to a non-excludable law.
9. Copyright to Web pages 9.1. Copyright to the finished assembled work of web pages produced by Optimisation Australia is owned by you upon final payment of the website design fee. 9.2. We retain the right to use the layout and elements of coding of our pre-designed websites without any of your content (logo, pictures, text and links).
10. Website Payment 10.1. The total amount of the website development cost shall be paid in full before commencement of the website project unless alternate terms have been agreed to at the time of sale. 10.2. Optimisation Australia will not refund any payment received in relation to web design work completed after the contract is accepted.
11. Website Hosting 11.1. The default hosting package includes 5 emails, 200MB of storage and 2GB of traffic. Should you exceed these limits your website or emails will stop until you either upgrade your package or a new calendar month starts. 11.2 You represent and warrant that all electronic mail sent using Email Hosting provided by Optimisation Australia - will comply with all applicable laws, rules and regulations pertaining to the sending of electronic mail. 11.3. You agree to observe the procedures that Optimisation Australia may from time to time prescribe and you shall not use the website in any way that harms other Optimisation Australia customers or members of the general public. 11.4. If you are an individual, you warrant that you are at least 18 years of age and if you are a company, you warrant that the Services will not be used by anyone under the age of 18 years. 11.5. If you access or authorise or are in any way involved with any access to any other networks connected to Optimisation Australia, you must comply with the laws, rules and regulations appropriate in relation to those networks. 11.6. Optimisation Australia uses its best efforts to ensure the integrity and security of the Server, however, we do not guarantee that the Server will be free from unauthorized users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.
12. Limitations of Service Optimisation Australia reserves the right to restrict the numbers of emails sent or received from your account without notice. Optimisation Australia reserves the right to remove any material that we deem inappropriate from your website without notice.
13. Variation of Agreement Optimisation Australia may from time to time vary the terms, charges and conditions outlined in this agreement. The version of this agreement that is published at www.Optimisation Australia.com.au should always be taken as the binding and most recent version of these terms of agreement

14. Terms of Agreement An agreement will continue for an initial term of 12 months unless otherwise stated. The agreement will automatically be renewed at the end of the initial term unless terminated in accordance with this Agreement.
15. Termination of Agreement 15.1. Unless otherwise stated, this agreement may be terminated by Optimisation Australia or by you at any time after the minimum term as defined on the order confirmation form by giving one (1) month’s written notice.
16. 15.2. Notwithstanding the above, and unless otherwise agreed in writing, this agreement may be terminated by Optimisation Australia without notice if you fail to make any specific payment in full (without prior arrangement) to Optimisation Australia or if you misuse the services or fail to comply with your obligations under the agreement. 15.3. Optimisation Australia reserves the right to restrict, suspend or terminate access to all or any part of the Service if you fail to comply with your obligations as defined within these terms and conditions.
17. Guarantee The authorised representative of the client who signs the order confirmation on behalf of the client hereby personally guarantees all of the obligations of the client pursuant to this agreement. Without limiting the foregoing, the authorised representative personally guarantees to Optimisation Australia the due payment by the client of all of its obligations pursuant to this agreement.
18. Unpaid Accounts 17.1. Optimisation Australia will perform its obligations pursuant to this agreement at all times during the Term that there is no money that is owing and has remained owing by you to Optimisation Australia for more than 14 days. During this period, Optimisation Australia shall make reasonable endeavours to permit you to access information and data held by Optimisation Australia on your behalf. 17.2. If an amount owing to Optimisation Australia by you remains outstanding for three months, you shall be deemed to no longer require Optimisation Australia to retain any information or data on your behalf, and Optimisation Australia may remove such data from their records in such manner as Optimisation Australia sees fit.
19. Creative Work 18.1. If you instruct or require Optimisation Australia to carry out any creative or discretionary tasks or work, Optimisation Australia shall in no way be liable for any costs or claims that arise as a result of that work or task. 18.2. Optimisation Australia shall not be liable for any reliance that you or any other person places on any information or data provided by

 
WebHost Terms & Conditions
Content: All services provided by Optimisation Australia are to be used for lawful purposes only. Any content (e.g. Pornography, warez and others) deemed illegal by law will result in account termination without notice. Any other content that is unacceptable or undesirable may lead to account termination at the sole discretion of Optimisation Australia.
System Resource Usage: If a website is found to be using an unacceptable amount of system resources, we have the right to suspend or terminate your account without notice. Our normal practice is to suspend the website immediately upon discovery of unacceptable resource hogging; but we will still email the account owner, providing him/her a chance to remove the offending site or script. A common rule of thumb is that chat rooms and top site scripts are not allowed to be hosted on our servers. PHP based message boards are permitted, but customers should be made aware that if it starts rising in popularity this may result in the use of an unacceptable amount of system resources.
Banned Script(s): CGI based forums are NOT allowed on Optimisation Australia servers as they are known to be resource intensive in usage. IRC scripts are banned and if found, we reserve the right to terminate the account without notice. Scripts that emulate shell access are banned and will result in immediate account termination without notice. Any other scripts that is deemed harmful to Optimisation Australia's server or it's customers will be banned.
E-mail: The sending of unsolicited e-mail (SPAM) from Optimisation Australia's servers is strictly forbidden. Optimisation Australia will decide on a case by case basis what constitutes to be spamming. Also the use of our servers to provide a free e-mail service is strictly forbidden. Any account found to be sending SPAM will be terminated without notice and no refunds will be issued.
Support Policy : Optimisation Australia will only provide support for matters related to server functionality and server related software. Optimisation Australia will not provide any support for misconfigured scripts or any third party scripts (including scripts installed via cPanel and/or Fantastico). All requests to change domain names , usernames and the like will incur a one-time administrative charge of $75 per request.
Server Abuse: Malicious conduct against Optimisation Australia's server or any other server on the Internet using an account on Optimisation Australia will result in immediate removal of that account. No warnings and refunds will be given.
Payment Policies and Refunds: Optimisation Australia reserves the right to change prices at any time. Optimisation Australia will decide on a case by case basis if a refund is to be given on violation of these terms and conditions.
Backup Policy : All accounts are backed up daily. However, it is not our responsibility to ensure the integrity of the backups. The customer is recommended to make his/her own local backups as well. If data loss occurs due to an error by Optimisation Australia, we will restore a backup of the account from the backup drive without charge. If the customer requests a restore of an account from the backup drive due to negligence or error from the customer, we will attempt to recover the account data for a flat fee of $190.
Uptime Guarantee: Uptime is guaranteed at a 99.5% service level. This guarantee however does NOT cover scheduled downtime, network problems and natural events such as earthquakes or anything beyond what Optimisation Australia can do. Should Optimisation Australia's servers reliability fall below the aforementioned service level, compensation will be awarded to those who were affected.
Termination of services: Should the customer want to terminate their current services with Optimisation Australia, the customer will need to notify Optimisation Australia 30 days before actual service termination. No refunds will be given for any monies paid in respect of services terminated or for any other reason.
Warranty/Limitation of Liability: The customer hereby agrees that Optimisation Australia makes no warranties, express or implied and the customer hereby waives any claim based upon any breach thereof. The customer further agrees that Optimisation Australia shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement, and in any event, the amount of damages due from Optimisation Australia to the customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, but not to exceed one (1) months' service fee at current rates. Optimisation Australia's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Optimisation Australia shall have no obligation to provide alternative routing with respect to any Service provided pursuant to this Agreement. In no event shall Optimisation Australia be liable to customer or any other person, firm or entity in any respect, including, without limitation, for any damages, either direct, indirect, consequential, special, incidental, actual, punitive, or for any other damages, or for any lost profits of any kind or nature whatsoever, arising out of mistakes, negligence, accidents, errors, omissions, interruptions or defect in transmission, or delays, including, but not limited to, those which may be caused by regulatory or judicial authorities arising out of or relating to this agreement or the obligations of Optimisation Australia pursuant to this agreement. Optimisation Australia makes no warranty, whether express, implied or statutory, as to the description, quality, merchantability, completeness or fitness for any purpose for the service or local access, or as to any other matter, all of which warranties by Optimisation Australia are hereby excluded and disclaimed.
Indemnity by customer: Customer agrees to release, hold harmless, defend and indemnify Optimisation Australia, its subsidiaries, employees and agents from any claims, damages, including but not limited to consequential damages, or any other liability arising from customer's use of Optimisation Australia's services and facilities provided to customer under this agreement, even if Optimisation Australia has been advised of the possibility of such damages, including payment of Optimisation Australia's reasonable attorney's fees.
 
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