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TERMS AND CONDITIONS

Aussie Digital is the owner, developer and distributor of the services associated with the building, management and hosting of web pages, including access to software which allows you the customer (“You“) to build and manage your (“Your“) website, and from time-to-time including additional features and upgrades and enhancements and such other services as agreed (“Services“).

Application and Variation of these Terms

These terms and conditions are the terms on which Aussie Digital will provide the Services to You. These terms constitute the agreement between You and Us (“the Agreement“) in its entirety and supersede any prior agreements between You and Us in respect of the Services. We may modify these terms and conditions, (including without limitation the pricing for any of the Services), or give You notice under this Agreement, by notice on our website and/or by email. Such modifications will take effect 7 days after such notice has been provided. By accepting these terms and conditions, You also agree to accept and be bound by any changes made by Aussie Digital under this clause.

Copyright

The copyright in all reports and associated website designs, text, graphics, the selection and arrangement thereof, and all software is owned or licensed by Aussie Digital. All of Aussie Digital’s rights in this regard are reserved. Copyright in the material contained on this website and in any report subsists under the Copyright Act 1968 (Cth) Australia and, through international treaties, under the laws of many other countries.

Provision of Services

Aussie Digital will use all reasonable efforts to provide You with the products and Services that are relevant to the Services purchased, as described on the Aussie Digital website

Design Services

Design services sold by Aussie Digital are as detailed on the Aussie Digital website at the time of sale. This includes Website Design, Graphic Design, Business Starter Packages, Website Maintenance Packages, Flash Animation, Social Media Packages and Aussie Digital promotions

Domain Names

You agree to read and abide by the domain registration policies. You authorise Aussie Digital to communicate Your contact details to the relevant domain registry to be made available to the general public, upon request of the relevant domain registry. Aussie Digital does not represent nor guarantee that You or Aussie Digital have rights to ownership of any domain name purchased. You should refrain from taking any action to register or renew a domain name prior to confirm of registration or renewal from Aussie Digital. Aussie Digital does not guarantee successful registration or renewal of a domain name. Failure by You to pay any fee (including, but not limited to, any renewal fee) for any domain name by the stipulated due date may result in the domain name being deactivated or deleted by the relevant domain name registry. Under no circumstances will Aussie Digital refund any fees paid by You to Aussie Digital in relation to any domain name. Aussie Digital reserves the right to deactivate or cancel a domain name the use of which is illegal, fraudulent, infringes the intellectual property rights or other legal rights of a third party, or is defamatory to or disparaging of a third party. You will indemnify and keep Aussie Digital fully indemnified in respect of any claim, loss, cost or damage suffered or incurred by Aussie Digital as consequence of Your use of a domain name.

Search Engine Marketing & Optimisation

Aussie Digital offers search engine marketing, search engine optimisation and Google Map optimisation Services (collectively, the “Search Services“). Search Engine Services sold by Aussie Digital are as detailed on the  (www.AussieDigital.com.au) at the time of sale. This includes; Search Engine Optimisation (SEO) packages, Search Engine Marketing (SEM) packages and Google Maps optimisation packages. Aussie Digital, at their sole discretion, may use 3rd party suppliers to deliver all or any part of the Search Services.

Term

For all Services (other than Domain Names, which are dealt with separately below), the initial term of this Agreement will commence on the date of activation of software products or the date the relevant services are first provided by Aussie Digital (as applicable). After the conclusion of the initial term, the term shall automatically renew for a further term of the same period (eg a 1 month term will renew for a further 1 month). Unless notice is provided to Aussie Digital by You more than 10 working days prior to expiry of the initial or any subsequent term, this Agreement will automatically be extended by a further terms of the same period on Aussie Digital’s then current terms and conditions. Your failure to give a notice cancelling the Services prior to the commencement of this 10 working day period will constitute acceptance by You of the next renewal. Aussie Digital may cancel or elect not to renew the Services at any time by delivering to You a written notice of non-renewal at least 10 working days prior to the expiry of the initial term or any subsequent term

Domain Names

The term of the domain name license (ie that period of time for which the licensea is granted to You) will be:
  • 2 years for a .au domain name; and
  • 1 – 10 years for a .com, .net, .org, .biz or .info domain name; and
  • The period of agreement for a subdomain.
When You purchase a domain name from Aussie Digital You will be purchasing the use of the domain name for the specified term, unless otherwise agreed with Aussie Digital. Upon expiration of the initial term for the domain name license, the domain name license may be renewed for a further period equal to the period of the initial term. It is Your sole responsibility to ensure that registration of a domain name is renewed when necessary and Aussie Digital takes no responsibility for losses or expenses arising out of any failure by You as the Licensee of any domain name to renew the registration of a domain name.

Payment

The applicable prices and charges for a particular product or Service are as stipulated in a quote provided to You by Aussie Digital or, if We have not provided a quote to You, as stipulated on the Aussie Digital website. All prices and charges published on the Aussie Digital website are inclusive of GST, unless otherwise stated. These prices and charges may include:

  • a one off non-refundable set-up or design services fee, which requires payment upfront before the Services will commence;
  • a monthly or annual reoccurring fee, payable in advance of the commencement of the relevant period; and
  • other fees, prices and charges payable on a time, materials or usage basis, as applicable.

You are responsible for all prices and charges for Services and any other amounts (such as excess storage and bandwidth coverage) incurred by Yourself or Your authorized representative or as a result of any use of a product or Service, in accordance with the billing provisions specified in the payment confirmation. Aussie Digital reserves the right to contact a credit reporting agency to obtain personal information about You for the purpose of validating an application for credit made by You to Aussie Digital. In the event that Aussie Digital issues You an invoice in arrears for any service or product, You fail to pay for any Service or product by the set due date or You fail to pay any other amount owing under this clause, Aussie Digital reserves the right to, in addition to any other right:

  • charge interest to You at an applicable rate until the relevant amount owing is paid;
  • suspend or terminate any Services or products provided to You by Aussie Digital; and
  • not renew or register any Services or products provided to You by Aussie Digital to a third party.

Any suspension does not relieve You of Your obligation to make payments under this Agreement including circumstances where a credit card transaction declined. If this occurs an email will be sent to the primary email address that You have provided for us. Failure to provide us with changes to Your primary email address will not result in any extension. You agree, in the event of default, to pay Aussie Digital our reasonable expenses, including legal and collection agency fees, incurred in enforcing our rights under this Agreement. Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by You. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, You must pay to Aussie Digital an additional amount equal to the applicable GST amount with that payment and Aussie Digital will provide You a GST tax invoice. Aussie Digital reserves the right to sell any moneys owed by You to Aussie Digital under this agreement to a debt collector.