1.
Agreement:
By commencing
any service provided by inTouch web services Pty Ltd, the
client
enters a binding agreement
which continues until
terminated (as prescribed below) by either party.
2.
Scope of Agreement: inTouch web services Pty Ltd agrees to
provide, either directly or indirectly, services to the client in good
faith and to a standard
consistent with published details at http://www.intouchweb.com.au. In return, the
client agrees to promptly pay the amounts
invoiced for the relevant service(s).
3.
Invoicing and Payments:
The client agrees to receive all tax invoices electronically via a
nominated email address and accepts responsibility for checking
their email regularly. Standard quarterly fees, where
prescribed, are payable in advance and are non-refundable.
Additional services may be invoiced
as a once-off amount, monthly or otherwise at the discretion of inTouch web services Pty
Ltd. Services provided by other parties may be invoiced directly
by them or included in the standard billing from inTouch web
services Pty Ltd.
4. Late Payments: The client agrees that payments
for all invoices will be made by
the "Final Date for Payment" indicated
thereon
(normally a period of 21 days from the date of invoice). In the event of
extended non-payment of an overdue account, the client also agrees
that inTouch web
services Pty Ltd may suspend services
until full payment is received. Suspension
may
include the temporary shut-down
of a client's web site, the lapse of a domain name
registration and/or
the suspension of email
accounts. In the event of suspension,
the client will be given a further period of one month to
process all unpaid amounts. If necessary this will normally be followed by complete
closure of the client's account and the commencement of debt
recovery action for unpaid amounts.
5. Credit Card
Surcharge: A surcharge, equivalent to 3.00%
(inclusive of GST) will apply to all credit card
payments, to cover merchant service fees charged by the bank.
The surcharge will be itemised on the current invoice, or added to the next invoice, as
appropriate.
6.
Domain Name Services:
Domain Name management,
registration and renewal services are available as a stand-alone
service or as part of a package at the currently advertised prices. At all times, domain names
are registered to the client
(as the "registrant" and "administrative" contact) and managed by
inTouch web services (as the "technical" and "billing" contact).
7.
Variations: InTouch
web services Pty Ltd reserves the right to vary any aspect of
this agreement, or any services,
including prices, at any time. Any variations become applicable immediately after publishing on
the inTouch web services Pty Ltd web site unless otherwise specified. inTouch web services Pty Ltd agrees
to notify the client of any variations which may affect the client
as they occur and it will be
deemed that the client has accepted any such variation unless
a notice of
termination is received. At all times the current agreement
applicable to all clients is the agreement published
on this page at http://www.intouchweb.com.au/agreement.htm
8. Termination:
This agreement may be terminated
for any reason by either party at
any time via an email notification. The client agrees to pay any
outstanding amounts owing, as at the termination date, within 1
month of termination.
9. Intellectual Property:
The intellectual property of all
web sites created by inTouch web
services Pty Ltd is transferred to the client and
inTouch web services Pty Ltd agrees to make no claim of copyright or ownership whatsoever.
In return, the client agrees that, in the event of termination of
this agreement, all pages within a web site designed, or
substantially designed, by
inTouch web services Pty Ltd will
continuously display a statement (and hyperlink)
crediting inTouch web services Pty Ltd for the site's design.
10. Limit of Services:
inTouch
web services Pty Ltd currently provides web design, site
management and maintenance,
domain services, virtual hosting,
email account administration and
other internet
services. However, it does not provide dial-up internet access,
computer support or training which
remain the responsibility of the client or third parties. Other
extended or specialist services such as programming, database
setup, ecommerce, advanced flash design etc may at times be
provided by other specialist partners, if appropriate.
11. Limit of Liability:
Whilst all efforts will be made to
ensure premium service to clients, inTouch web services Pty Ltd
does not claim infallibility and, in particular, cannot
guarantee a continuous uninterrupted hosting service. The client
agrees to hold inTouch web services Pty Ltd totally harmless for any damages which may
occur as a result of any hosting or computer failure, delay of services, errors, omissions,
missed deadlines, virus or security attack or any other event relating to the services
provided by inTouch web services Pty Ltd. Specifically, the
customer agrees that inTouch web services will not be held
responsible for services provided by other suppliers.
12. Dispute
Settling Procedure:
In the event of a complaint or
dispute, both the client and inTouch web services Pty Ltd agree
to make the other party aware of the problem and to commit to
resolving the matter through reasonable discussion and conciliation prior to
resorting to any other dispute
settling mechanisms or processes.
13.
Contradictions: Any details or information published on the
inTouch web services Pty Ltd web site which apparently contradict
this agreement (or any subsequent variations) will not apply. This
agreement, in it's current revision, will prevail in
all such contradictions.
14.
Currency/Tax: All
prices quoted are in $AUD unless otherwise stated. GST (Goods and
Services Tax) is applicable for all Australian clients and is additional to
prices quoted. InTouch
web services Pty Ltd is a registered company under the Corporations Law of New
South Wales Australia and is registered for GST purposes
(ABN is 64 097 365 752).
15.
Non-Australian Clients: Clients living outside Australia are
requested to email inTouch web services Pty Ltd to confirm and
agree upon prices in their
own currency prior to commencement of any service.
