You acknowledge that:
The Price is set out on our Proposal. We may increase our prices from time to time. We will give you 28 days notice of any increase by email.
You acknowledge that if any payment for renewal of an agreement is not received in our bank by the first day of each month or the day on which it is due we may suspend the Services and / or cancel this agreement.
We may choose not to cancel the agreement if you make an additional payment to us to cover the disruption caused by your late payment. This payment is:
If your account is closed by us because you have not made a payment when due or because you have for any reason failed to give us notice of cancellation you now agree to pay us:
This agreement terminates upon either of us giving the other one month’s notice in writing addressed by post to the last known land address or by email to the last known email address of the other of us. For this and all purposes in connection with this agreement, our addresses are as at the head of this document.
If your cancellation is to be effective, you must give us full information to enable us to identify:
The agreement may also terminate when we terminate it, without notice, on account of your failure to comply with these terms.
You are not entitled to a refund of any fees paid to us if you terminate this agreement earlier than the contracted date.
If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
You acknowledge that the Services may also be interrupted for many reasons beyond our control.
You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
If we have to transfer your domain name from another web hosting service to ourselves, you understand that:
We will provide technical support within the areas of our expertise as quick as possible. Any support requests need to be placed in the Support Portal or they may be ignored. We do not guarantee to provide any particular support nor that the support we provide will be adequate for your requirements.
You agree that you will not:
Our use of any Intellectual property belonging to us or to any third party as part of the Services shall not operate to transfer any right to you permanently.
We retain the Intellectual property to all work carried out by us and that if you wish to terminate your agreement with us, you will not retain any code, images or scripts that were produced by us unless permission is given in writing.
We provide managed Marketing services and retain the right to any software/ account/ services that have been setup and/or created by us for the purpose of delivering performance outcomes as defined by the service agreement. Access will be provided to the customer for the duration of the agreed service retainer, with the ability for data extraction to take place prior to any cancellation of services of which access will then be revoked thereafter.
You agree that bandwidth and disk usage shall not exceed the data usage per month for the Services ordered by you.
If your usage exceeds the contractually ordered amount we may in our discretion, increase the price to the minimum price currently charged by us for the usage you have used.
We are both aware that in the course of business, we will each have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, and/or any and all other proprietary information belonging to the other relating to business or businesses and/or related affairs, all of which information (written, oral or otherwise) is or may be confidential.
Accordingly, you and we hereby undertake for us and every employee or sub-contractor whose services we may use both during and after completion of the Agreement:
That neither we nor they will divulge to any person whatever or otherwise make use of (and shall use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.
That both of us shall make all of them aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance with these provisions.
You agree that you will not, and you will not allow any other person to, violate or attempt to violate any aspect of the security of our systems.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Examples of violations are:
You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
You undertake to provide to us your current land address, email address, mobile, fax and telephone numbers as often as they are changed.
You agree that in entering into this agreement you have not relied on any representation or other information except the list of services and the prices listed in our Proposal.
We accept no responsibility for:
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period.
(for the avoidance of doubt) we shall not be liable to you for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.
You agree to indemnify us against all costs claims and expense arising directly or indirectly from:
the posting by any third party with or without your knowledge of any material on your website;
any action taken or omitted by any third party in relation to your website;
The benefit and obligations of this agreement shall be binding on any successor in title.
Neither party shall be entitled to assign this agreement nor all or any of their rights and obligations hereunder without the prior written consent of the other.
In the event of a dispute arising out of this Contract and which has not been resolved following discussions and negotiations between a person or persons appointed or authorised by the Customer and The Joinary then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
Failure by us to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.
This Contract shall be interpreted according to the Laws of Australia and the parties agree to submit to the exclusive jurisdiction of Australian courts.