 |
 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
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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
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Home  Terms & Conditions |
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| 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.
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.
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
|
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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
|
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| 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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