Complete Web Pty Limited (ABN 89 515 861 663)
Licence Agreement - Terms and Conditions 30th November 2007
These terms and conditions relate to the "Services" of Complete Web Pty Ltd "we"/"us"/"our" including the Complete Web Software "software", Internet Hosting and their use by "you", the "customer".
This Licence Agreement "agreement" is governed by the law in force in Victoria may not be waived or varied except in writing signed by the party granting the waiver or variance.
Customer Warranties and Indemnities
You do not rely on any representation made by us, which has not been stated expressly in this agreement.
You will protect the data and systems by using computer virus scanning processes.
You will keep secure any passwords used to access the Services.
You are solely responsible for persons who you provide access to the Customer Data.
You indemnify us against all costs due to your use/misuse of the Services.
You grant to us licence to use your data to fulfil our obligations under this agreement.
You may not resell or assign your rights and obligations under this agreement without our prior written consent.
You are bound by the conditions of use embedded in the software.
You will keep your contact details up to date and accept responsibility for your out-of-date, corrupt or deficient data.
Complete Web Pty Ltd's Warranties and Liabilities
We accept liability for the Services to the extent of this clause.
We accept liability to Consumers for lack of care and defective materials as required by the Trade Practices Act.
We do not warrant that the Services will meet your needs, be uninterrupted, error free, free from hackers, virus or worm attack, denial of service attack, or from unauthorised access.
We shall not be liable for any errors or for any incidental damage and provide no warranty as to the performance or results, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. We exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss.
We are not liable for any loss or damage resulting from the use of Spam, viruses, virus filters and hackers.
Our liability is limited to resupply the Services or payment of the cost of having the Services re-supplied.
This warranty is void if failure of the Services has resulted from accident, abuse, or misapplication.
Payment
We may vary charges and payment terms after completion of 12 months from the date of this agreement with 14 days notice.
Subsequent use of the Services constitutes your acceptance of the amended terms.
Services charges are payable within 14 days of invoice.
You must pay for any charges relating to telephone, Internet, other necessary equipment and your Domain name.
You give us authority to debit your credit card for all charges incurred by you.
You consent to us obtaining a credit agency report for a credit application or for the collection of overdue payments.
No refunds will be given for payments in advance if termination is due to your breach of this agreement
Suspension and Termination of Services
We may suspend, disconnect or deny access to the Services if you fail to comply with this agreement or upon notice of any credible claim that the data is illegal, defamatory, offensive or in breach of a third party's rights or local content laws; in these circumstances we are under no obligation to provide you with a copy of the Customer Data.
You may terminate this agreement on 30 days written notice (on a signed letter head - faxed, emailed or mailed to Complete Web Melbourne), after 12 months from signing this agreement.
Temporary interruptions to service may occur due to maintenance and matters outside our control. Your data is archived regularly for disaster-recovery. We restore from the latest uncorrupted archive.
We also reserve the right to cancel or suspend accounts with customers at our discretion.
E-commerce Services - Payment Gateway
The E-commerce component of the Services, provided by payment gateway providers or other parties, is supplied 'as-is' without warranty, either express or implied and you indemnify us against any liability.
You accept your legal obligations to end-users of the E-commerce Services under any legislation for all online transactions you originate or execute using the E-commerce Services. We act solely as a reseller.
Support Services
You are responsible for the maintenance of your operating system. We will provide additional support services under the terms of this agreement. You agree to provide access to your premises, employees, contractors, source and object code, data and databases, legacy systems and documents, such as we require to provide support services.
If you do not provide access we may stop work and we are not responsible for any loss and you will pay the full fee.
Complete Web Software
We retain ownership and license you to use the Complete Web Software in accordance with the end user license agreement packaged with the software.
The software may not be copied, reverse engineered, de-compiled or disassembled.
The software may not be loaned, leased, sold, sub licensed or otherwise distributed to another user.
The software is provided 'as-is' without warranty of any kind.
We may use your technical identification in a non-identifying format for problem resolution.
You and we remain free to develop products independently without the use of the other's confidential information. Neither of us will be required to restrict the future work assignments of people who have had access to confidential information. These people are free to use the information they remember related to information technology, including ideas, concepts, know-how or techniques, so long as they do not disclose confidential information of the other party in violation of this agreement. This use does not give any rights under the other's copyrights or patents; or require payment of royalties or a separate licence.
Special Requirements
We require information in electronic format for the preparation of 'completed products' (as in "My Site - Completed"). This information is required to enable us to prepare pages such as 'home', 'about us', 'contact us', 'copyright', 'deliveries & returns', for 'privacy policy' etc. Reproduction of any maps or other copyrighted material requires proof of 'right of use'.
Service agreement - Direct Debit Request
The Financial Institution may, in its absolute discretion, determine the order of priority of payments by it of any monies pursuant to this request or any other authority or mandate.
Complete Web Pty Ltd will provide 14 days notice if the payment amount (s) or frequency of the payments vary for future debits.
It is your responsibility to ensure that you have sufficient clear funds in your nominated account to enable the direct debit to be honoured by your financial institution. Direct debits normally occur overnight; however transactions can take up to three (3) days depending on your financial institution. If your Debit request falls on a weekend or public holiday, it will be processed on the next working day.
You are advised to verify account details against a recent bank statement and if uncertain you should contact your financial institution.
If your Direct Debit is dishonoured or returned by your financial institution, for any reason, Complete Web Pty Ltd reserves the right to charge a dishonour fee of $5.00 (five dollars), and re-present the Direct Debit for processing again on the next business day.
Any dispute arising from this or subsequent direct debits are to be directed to Complete Web Pty Ltd or in writing to the address provided below, or you may contact your financial institution If no resolution is forthcoming you are advised to contact your financial institution.
If you lodge a DDR Customer Claim form with your financial institution they will investigate whether the transaction was authorised by you. If the transaction date was no earlier than 12 months from the date of your claim you should receive a response within 7 days from the date of your claim. If the transaction date was made earlier than 12 months from the date of your claim you should receive a response within 30 days from the date of your claim.
We will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made in relation to an alleged incorrect or wrongful debt, or otherwise required by law.
I/We authorise the Debit User to verify the details of the above mentioned account with my/our Financial Institution.
I/We authorise the Financial Institution to release information allowing the Debit User to verify the above mentioned account details.
I/We agree to accept payment notifications from the business by either E-mail or SMS as determined by the business. If I do not wish to receive such notifications I/we will contact Complete Web Pty Ltd directly so as to be omitted from such notifications.
Complete Web Pty Ltd
PO Box 159 Olinda 3788 Vic