Kindly note that by using this website you agree to be bound by the Terms of Service set out below. Ignorance to the Terms of Service stated herein shall NOT be a defence in case of breach of any of the Terms of Service in this or any of the other supplementing terms of service, terms and conditions or terms of use or any such other agreements provided on this Website.
Please read the following Terms of Service carefully. These Terms of Service, along with the Privacy Policy, Domain Registration Agreements (?Legal Agreements?) and other supplementing terms of service documents, govern your access to and use of the website (the ?Website?), including the use of any content, information, products and/or services (the ?Services?) therein. This is a legal agreement between you and Netsky Pty Ltd and netsky.com.au (?NETSKY?) also referred in this Agreement as ?We/Us/Our?
From time to time, it will be necessary to update the Terms of Service. We reserve the right to revise, modify or change the Terms of Service at any given time and may notify you of the same if the changes are of significant importance and/or affecting the model or functioning of the Website or any of the contractual terms with you. You shall be bound by the most recent and the present version of the Terms of Service on the Website.
1.1 The Website offers domain registration services. We also offer specialised tools to help you in building and designing your own websites without much hassle and based on our templates.
1.1.1 We also offer customised templates for the web-design needs of our customers. We may use third-party contractors for such customised web-designing and we shall provide such third-party contractors with your details and any material or information you provide us in order to fulfil your customised design requirements and provide our Services efficiently.
1.1.2 The tools or features provided by us only work correctly when correct information and inputs have been provided. Notwithstanding anything under these Terms of Service, we disclaim any and all responsibility or liability related to the functioning of any of the tools or features provided by us. You agree that we do not make any claims that such tools or features are error-free and you agree to free us from any responsibility or liability arising out of any loss or damage suffered due to any error in such tools or features.
1.1.3 All software or plugins provided to you under any account shall remain limited to that particular account is not-transferable to any other accounts on our Website or any other websites. It shall be at our sole discretion to accept any outside or external software or Add-ons. Any of our software or Add-ons offerings may be removed, added, or modified at our sole and exclusive discretion at any time without any notice to you. We provide limited support for any third-party Add-ons on our Website. Unless provided otherwise, all Add-ons will renew automatically on a periodic basis.
1.1.4 We provide daily back-ups and in case you need the back-up for restoring your website we do not guarantee that such will not be incomplete or corrupt.
1.2 By using this Website, subscribing to Services and/or placing an Order or uploading/downloading any other content, you agree to be bound by the Terms of Service set out herein
1.3 Nothing in this Agreement shall be construed or deemed to create an employment or agency relationship, partnership or joint venture between the parties.
1.4 IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE HEREIN, PLEASE DO NOT USE OR ACCESS THIS WEBSITE.
1.5 We may process your data, as set in our Privacy Policy, for carefully considered purposes which enable us to enhance the service we provide. For the sake of clarity, this refers to the processing of personal data such as, but not limited to, names, email addresses and IP addresses for the purposes of analysing how the site is used by the visitors and for the distribution of emails relating to the Service.
1.6 The use of our Services and the Website may also be available through other means such as mobile websites or applications. Any access or usage to our sites, through any means including the ones mentioned here, shall mean that you agree to enter into this Agreement and be bound by the Terms of Service provided herein.
2.1 You shall be reasonably responsive while we are providing the Services to you and the timely completion of such Services depends upon your prompt responses and supply of required material, information and content by you. You shall respond to any relevant communication or requests by us within 5 business days
2.2 In case you want to opt for an Interim Landing Page you shall inform us of the same during the Welcome Call (defined below)
2.3 We reserve the right to treat any material change in scope of the Services or design by you as a cancellation of the Service and cancellation terms shall apply in that case. The modified scope shall be treated as a completely separate and new order.
2.4 Web-design services shall include the following steps ?
2.5 The publication of website shall put an end to our obligations to you for providing design services. The ongoing services shall be for hosting and the relevant terms mentioned herein shall apply including those for payment of subscription fees.
2.6 Once the fee has been paid in full we shall grant you the worldwide royalty-free license to use the design and display, publish or broadcast it on your website. You grant to us a royalty-free, worldwide license to use, modify, edit, reproduce, or otherwise utilize all content you supply, and to cache the entirety of your website (including your Content) where hosted by us. You shall be solely responsible for obtaining any consents required of any third parties in connection with the grant of this license to us. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights and warrant that you shall indemnify us against any claims or liabilities arising out of Section 2.4 herein.
2.7 The website Established and Built under the Terms of these Terms of Service shall not be ported away or hosted independently from our Services owing to the proprietary nature of our platform.
2.8 We may provide you with full administrative rights under certain circumstances along with transferring all rights in the customised web design to you. We will grant you a perpetual royaltyfree license to use, display and publish the website to the extent of our background intellectual property in your website. Any such transfer of ownership takes place during the Initial Term upon payment of the remaining part of the Total Contract Value; after the Initial Term but before the expiry of the second 12-month term, upon payment of the balance of the fees for the rest of the term; after the completion of 24 months of Service, and at no extra charge, given that all fees and dues have been paid in full.
2.9 It shall be your sole responsibility to obtain a copy of the website if you wish to use it independently or our Services. We shall not be responsible for any changes not made by us after providing you with the administrative rights. Additional charges may apply for any work you want us to do on the website or in relation to the website after granting you the administrative rights.
2.10 The customized design only applies to your HTML pages and the integration of our software will not be included. Your ownership is limited to the HTML pages and your content but does not include the software which supports your website as they are built on a proprietary platform. No rights in the software are transferable and your rights are limited to only the static pages designed by us for you.
2.11 Cancellation fee for the Design Services shall be 50% of the Total Contract Value if cancelled before receiving the first draft; 80% of the Total Contract Value if cancelled after receiving the first draft; and 100% of Total Contract Value in case of cancellation after the completion of the review process.
2.12 A limited warranty of 28 days, starting from the website launch on the Go-Live date, shall be included for all customised web-design services. This warranty shall include all issues raised by you under the original agreed upon scope of the Services and shall not include any bugs which have been caused due to the browser updates on the client-end, deployment of any newer versions of the website or the website?s hosting environment, or update to a third-party API.
2.13 It shall be your sole responsibility to provide us with a singular list of all the bugs and issues which need to be looked after before the end of the warranty period. We shall provide you with a schedule for the resolution of the bugs and issues listed by you within a reasonable time. We shall also provide you with a release candidate build to verify that all listed issues have been dealt with and resolved. You may report critical, high severity bugs, at any time during the warranty period but only in the cases where such bugs or issues have a direct and severe impact on the commercial purpose and/or core functioning of the Website including the cases where transacting or contacting the merchant is no longer possible. Such Severity One Bugs shall be treated as urgent and shall be fixed in the shortest possible time and such rectification released to the live environment. The reporting of Severity One Bugs shall have no impact on the one schedule warranty under the Sections 2.12 and 2.14 If we do not receive any final changes to be made to the site from you within 10 business days of having requested the same, the warranty period shall be considered ended.
2.15 For security reasons we do not provide FTP access to the website and email service. However, we provide our own software to maintain your web site. We will redirect all your email to the specified email address provided to us to maximize your confidentiality and privacy. Therefore, it is your responsibility to provide correct information once you open an account and test it if it is working as expected.
2.16 If you request additional changes to the website other than the changes already included in the scope of our Services, the Services for such changes or modifications shall be chargeable at $250 per hour including GST.
2.17 You agree and acknowledge that nothing in these Terms of Service or any other legal agreements mentioned herein shall constitute an express or implied warranty or guarantee by us or our affiliates or suppliers regarding the results or success that may be obtained by the use or subscription of our services; or any improvement of the rankings of your website; or increased traffic; or regarding the accuracy or reliability of any content or product under the Services, or any information provided by us or our Supplier in any advice, report or communication to you or any other party; or any market conditions; or that the Software or Services provided by us will not be subject to, or result in, errors or delays.
2.18 We may provide you with suggestions or advice at times but you shall at all times be solely and exclusively responsible for your website and any related content or matters. You acknowledge that our Service may require the usage of, or inputting or interfacing with the Supplier's systems and you agree that we shall not be liable in any way or capacity if the Supplier is unable to provide its services to you.
3.1 You warrant and represent that you are at least eighteen (18) years of age, you have the right and authority to enter into this Agreement by using this Website. You acknowledge that you have read and understand the Website?s Privacy Policy, Legal Agreements, Terms of Service (herein) and any other provided terms of service or use, as more fully described on the Website, and by using the Services and the Website you have expressly accepted the terms of service set forth in such Privacy Policy, Legal Agreements and Terms of Service (herein) as same may be amended from time to time.
3.2 You shall defend and indemnify NETSKY and any of its affiliates (including any employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, cobranding providers, authors, content or service providers, successors, assignees and other representatives) and hold them harmless against any third-party claims or expenses and losses resulting from breach or a claim which, if true, would constitute a breach of the foregoing representations and warranties or any of the agreements contained in these Terms of Service, or which arises out of your website or any related content or matters to your website, or your use of our Service under these Terms of Service, including reasonable attorneys? fees and expenses.
3.3 For the Web-design Services provide under these Terms of Service you warrant that:
3.4 We warrant that the uptime availability for your website shall be at least 99.9% except in cases where the downtime is a consequence of:
3.4.1 It shall be considered that the uptime service level has not been met if
3.4.2 At your request we shall investigate any reported downtime and attempt to the best of our abilities and resources to remedy the same as soon as possible. If upon concluding out investigation it appears to us that al our systems and infrastructure is running properly and the cause of the downtime lies at some other source we may continue the investigation at your expense and cost.
3.4.3 Notwithstanding anything in these Terms of Service or any other agreement mentioned herein, your sole remedy, in case of our failure to meet the uptime service level promised, shall be to claim a percentage of the monthly fee by writing a formal request to us via approved communication channels and such request shall only be entertained if it has been made within the same calendar month as the relevant incident. The fees shall be claimable to the extent set out below:
| Outage (in hours) | Service Credit (percentage of monthly fees) |
|---|---|
| <1.0 ? 10.0 | 10% |
| <10.0 ? 20.0 | 20% |
| <20.0 ? 30.0 | 40% |
| <30.0 ? 40.0 | 60% |
| <60.0 | 80% |
3.5 THERE ARE NO REPRESENTATIONS OR WARRANTIES BY NETSKY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF SERVICE
4.1 The Website and Services may be used and accessed solely for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Website and Services, including, without limitation, applicable common law, and all relevant statutes. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Website and Services:
4.2 You agree that the Terms of Service and the rules, restrictions and policies contained herein, and NETSKY?s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and NETSKY.
4.3 NETSKY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REFUSE TO PROVIDE ITS SERVICES TO YOU OR ANY CUSTOMER FOR ANY OR NO REASON WHATSOEVER
4.4 You agree that we have the right to monitor the Site and any content uploaded or accessed by you from time to time and to disclose any information when it is legally or statutorily required to do so, or to protect the interest of our company, Website or our customers. However, we have no obligation to monitor the Site. We will not intentionally monitor or disclose any private electronicmail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service. We may use third-party filters to detect and remove spam and viruses you agree not to disable such filters and you free us of any responsibility or liability from any loss or damage suffered due to the use of such filters.
4.5 You must respond to any communication made by us in relation to the Services with reasonable promptness to help us provide our Services efficiently. All information and/or documentation provided by you to us must be accurate and true.
4.6 Unless otherwise indicated for particular content, any content you post on the site including images, graphics, videos, one-to-one communication, and any other form of communications or material that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions will be treated as non-confidential and non-proprietary.
4.7 We have taken and will ensure all reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. You agree and understand that the nothing on the internet is truly invulnerable or secure and we cannot, and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
4.8 You agree to keep your systems healthy and free from any Viruses, Trojans, Malware or any other similar harmful programmes which could impact the safety of the Website. You also agree to adopt reasonable practices to keep your passwords, and any other confidential data in your possession, safe. You must conduct regular backup of your data.
4.9 You warrant that you accept absolute responsibility to the extent permitted by the applicable law for the actions of any person who has been provided with the login details of your account by you, knowingly or unknowingly, directly or indirectly, and that we are entitled to treat all instructions originating from your account or via your login details as coming directly from you.
4.10 You agree and accept that there might be some reasonable maintenance downtime or temporary unavailability of our services as a result of regular maintenance activities by us. We will employ our best efforts to keep any downtime as short as possible but you warrant that you understand that several external factors play a role in maintenance and upkeep of the Services thereby affecting the downtime.
4.11 Except in cases of a court order or intervention by legal authorities we make efforts to solve complaints about unacceptable use of our services by working with all parties involved. In case, we find ourselves unable to resolve any such matter, our preferred policy is to put both parties in direct contact with each other and you hereby authorise us to share your email and contact details for the purposes of resolution of such disputes.
4.12 If you qualify as a ?consumer? under the Australian Consumer Law or any other relevant legislation you will be entitled to a certain few non-excludable rights and remedies with respect to the goods or services and nothing herein shall exclude, limit, restrict or modify such rights or remedies. In case such goods or services are not ordinarily acquired for personal, domestic, or household use, we limit our liability, in case of goods, to the replacement of such goods or providing equivalent goods or the cost of replacement of such goods or acquiring of equivalent goods, or the cost of repair of the goods; and in case of services, to the supply of services again, or the payment of the cost of availing the services again.
5.1 In accessing this Website or certain of the resources on the Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide shall be correct, current, and complete. If We believe the details are not correct, current, or complete, we have the right to refuse you access to the Website, Services or any of its resources.
6.1 The materials, options, features, tools and Services on the Website are provided on an ?as is? basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant that our Website or applications will always be available, access will be uninterrupted, be error-free, devoid of any bugs, up to your requirements, or that any defects in our Website will be corrected. Information on our Website does not create any professional relationship between you and NETSKY, should not necessarily be relied upon and should not to be construed to be professional advice from us
6.1.1 We are not a legal firm and do not provide any legal advice; in no way will the provision of the Services, or any advice related to the Services in any way, shape or form, be construed as legal service and/or legal advice. The information on our website or any correspondence with us should not replace consultation with a competent professional. Any relevant content on our website is intended only to be used as an introductory information adjunct to the guidance or advice provided by an appropriate professional. We do not provide any legal opinions or advice in relation to the results of searches performed or reports generated, or your potential rights against any third parties; and you are solely responsible for deciding to seek legal advice in respect of any infringement or intellectual property law questions arising out of the search results, reports or the servic
6.2 We shall not be responsible for any delay or disruption of service or a failure to perform any of our obligations if such delay, disruption or failure has occurred as a result of termination of Service by a third-party who is an end supplier of the service or any other changes in the terms of supply by such end supplier.
6.3 We have not reviewed all of the sites linked to the Website and we are not responsible for the contents of any such linked site. The inclusion of any link trademark or other identification marks, does not imply endorsement by us. Use of any such linked web site is at your own risk
6.4 The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete or current. We may make changes to the materials contained on the Website at any time without notice. However, we do not make any commitment to update the materials.
7.1 We may suspend or terminate your access to all or any part of the Website or the hosting or design Services to your website including any account thereon, without notice, for any reason at our sole discretion including but not limited to court orders, judgements and decrees, or notices from appropriate authorities like the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Amendment Act of 1999 or after receiving takedown notices under the appropriate laws or if you or any of your end user/s are in the breach of the acceptable use guidelines and terms provided under these Terms of Service.
7.2 We expressly prohibit any kind of file sharing or peer-to-peer sharing through any website availing hosting or design Services from us
7.3 You represent and warrant that you have no claim against us for any action taken against you for a breach of any of the terms of these Terms of Service, Privacy Policy, Legal Agreements or any other aforementioned agreements and you agree to indemnify us against any claim arising out of any loss or damage suffered by a third-party due to the actions taken by us against you under this Section.
8.1 In no event shall NETSKY its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website or Services, even if the company or the website or an authorized representative of the company/website has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such states, the respective liability of NETSKY, its affiliates, employees, directors, agents, partners, distributors, licensors, subsidiaries, suppliers, co-branding providers, authors, content or service providers, successors, and assignees, is limited to the greatest extent permitted by such state law.
8.2 YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL WE, OR OUR AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS, DISTRIBUTORS, LICENSORS, SUBSIDIARIES, SUPPLIERS, CO-BRANDING PROVIDERS, AUTHORS, CONTENT OR SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNEES, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE PRECEDING 12 MONTHS IN RESPECT OF THE SERVICES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES. ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THESE TERMS OF SERVICE
8.3 Nothing herein shall exclude or limit either party?s liability in respect of personal injury or death caused by negligence, breach of contract or wrongful act; any indemnity; any fraudulent or other such criminal act; and any other liability which cannot be limited or excluded by law.
9.1 Unless otherwise provided all payments shall be debited from your account after the submission of relevant details by you and all such payments shall be in Australian Dollars. The payment modes provided on the Website shall be the only modes in which any payments or fees shall be accepted for any products or services offered on the Website. Any third-party offerings maybe paid for by accessing the payment modes and terms of such third-party providers separately.
9.2 You owe us and will immediately pay us the amount of any Chargeback and any associated fees, fines, or penalties listed on the Website or assessed by our assessor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies. You agree to assist us and provide us with any required proofs or documents to contest chargebacks when requested, at your expense, and to investigate any of your transactions through cards or otherwise.
9.3 You shall provide us with all the necessary updates on your financial information to continue to receive and maintain your subscriptions or purchases. In case you do not provide us with such updated information we shall have the right to contact and work with your financial service provider to access and update such information.
9.4 You shall bear the sole responsibility to renew the Services and we will stop the services to you if you have not renewed the services in time. We provide receipts for every transaction and it is your sole responsibility to ensure that all your details are correct by ensuring that your particulars on the console are accurate and updated. Notwithstanding anything under this Section, if you have signed up through a promotional offer the Services may renew automatically after the term of the promotional offer if you have not terminated your agreement before the completion of the promotional term.
9.5 There shall be no refunds for any monthly, quarterly or yearly payments if the Service is cancelled part way through the period of subscription. Cancellation can be done by simply not renewing the term, and the Services will stop automatically once the account has expired due to non-payment of the fee.
9.6 In case of a breach of any of the terms herein or in the Privacy Policy or Legal Agreements all remaining credits or deposits with us shall be non-refundable.
9.7 On termination of a term contract before its due term by you, you shall be liable to pay the amount equal to 6 month?s fees or the fee for the remaining months in the term under the contract as the Termination Fee for such early termination.
9.8 Other payment terms and conditions may apply to any other aspects of financial transactions on the Website and shall be provided on the Website at the respective parts of such transactions.
10.1 In order to terminate the Services to your account you only need to not renew your account with us and as the paid term is over your account will expire and the Services will stop automatically.
10.2 You may cancel the Services by filling the online form via your account or by contacting the Customer Service telephonically. The date when you first raise the cancellation request with us will be taken as the date of cancellation.
10.3 Upon Cancellation under this Section all licenses granted to you shall stand terminated except any webpages created for you by us under our Web-design Services. In case, there has been no renewal from your side but you haven?t expressly cancelled your account the website shall be archived. You can delete all related information from the control panel of your account except the information backup storage. Any deleted information shall not be recoverable and you shall bear the sole responsibility for any such deletion. We strongly advise you to backup all relevant information and data locally and keep such backups updated. We shall not be responsible to maintain and store a copy of your website for recovery purposes. Deletion of the website means deletion of all data including but not limited to website files, images, videos, email, databases, and all other content.
10.4 Either party may terminate this contract after giving written notice to the other party if the other party is in breach of any of the terms herein or any of its obligations and is unable to remedy such breach within fourteen (14) days after receiving such notice; or if the other party becomes insolvent.
11.1 Nothing in this Agreement creates any transfer of a right in any Intellectual Property owned by either party.
11.2 You acknowledge that the Website contains Contents that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Australian copyright laws, and NETSKY owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Australian copyright laws, you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining the permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
11.3 It shall be your sole responsibility to obtain all necessary intellectual property rights and any other related authorizations or consents including any such consents or authorizations related to domain name/s, any published materials or an item supplied to us by you, or any other form of content uploaded by you. You agree to indemnify us against all claims or liabilities arising out of the instructions provided to us by you or our use, publication or reliance on any content provided by you including any tradenames, logos, designs, text, software, or any other such materials.
11.4 We grant to you a personal, non-exclusive, revocable license to use any software or programs provided by us solely for the limited purpose of receiving our Services to the extent that providing such Services to you requires granting you the license mentioned herein. You agree to use the software in strict adherence to the instructions and guideline provided by us. You warrant that you will not - permit any unauthorized person/s to access or use any of the aspects of the software or to process the data of any other third-parties including any of your end users; or attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website or Services, or cause a third-party to do so; or export the Software to a country other than the country where it was provided or licensed to you.; or copy, sell, mortgage, sub-license or reproduce the Software without our express permission; or modify the Software or merge all or any part of the Software with other programs without our express permission; or alter or remove any mark of ownership, copyright, patent, trademark or other property right which is embodied in the Software or any associated documentation
11.5 Reference on the Website to a specific commercial product, process or service by its trade name, trademark, promoter or otherwise does not constitute or imply its endorsement or recommendation by Us.
12.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, (except any claims for violation of intellectual property pursued by us), shall be settled by binding arbitration administered by The Institute of Arbitrators & Mediators Australia under its latest Arbitration Rules. The number of arbitrators shall be one and the venue of the arbitration proceedings shall lie in the State of New South Wales at any place agreed upon amongst, or equally close to the parties. The arbitrator shall apply New South Wales state law to all aspects of the arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement, we shall be notified in writing. Within thirty (30) days of such notice, both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.
12.2 The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event, shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
12.3 All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own attorney?s fees. We may agree to bear more than half of the arbitration fee on our own sole discretion. This section shall survive indefinitely regardless of the survival of this Agreement as a whole.
13.1 You consent to receive electronic communications from us (e.g., via email or by posting notices on our Services). These communications may include notices about your account, like payment authorizations, password changes and other transactional information, legal notices, or promotional offers. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
14.1 (a) Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.
(b) Our obligations, if any, with regard to our products and services, are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
15.1 We make no representation that materials or other content in the Website are appropriate or available for use outside Australia. If you choose to access the Website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from Australia or the country you reside in.
16.1 If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service is to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.
17.1 The failure to enforce at any time any of the provisions of these Terms of Service shall not be construed to be a waiver of the right thereafter to enforce any such provision.
18.1 You may not assign the Terms of Service (by operation of law or otherwise) and any prohibited assignment will be null and void. We may assign the Terms of Service or any rights or obligations hereunder without your consent to any of our subsidiaries, successors or any other bodies corporate, in cases including but not limited to any corporate reorganizations, mergers, acquisitions, or the sale of our business and/or assets.
18.2 We shall be entitled to sub-contract any of our obligations and responsibilities herein, however, such sub-contracting shall not release us from our liabilities under these Terms of Service.
19.1 Notwithstanding anything in this Agreement, we may provide you with notice by any means, including (without limitation) via email, postings on the Websites and changes to this Agreement. If you don?t consent to receive notices electronically, you must stop using the Website and our Services.
19.2 Any notice or other communication required to be given under these Terms of Service, shall be in writing and shall be delivered personally, or by email, or sent by post or facsimile or recorded delivery or by commercial courier, to each party required to receive the notice or communication. Any notice or other communication shall be deemed to have been duly received: (i) if delivered personally, when left at the address provided by the other party; or (ii) if delivered by email, upon leaving the sender?s outbox; or (iii) if sent by post or recorded delivery, five business days following the date of posting.; or (iv) if delivered by facsimile, on receipt of an error free transmission report; or (v) if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
19.3 Notwithstanding anything in this Section, a notice that we give is deemed given even if it is intercepted by your spam filter and not actually read and notices sent to Us pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by Us.
20.1 The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New South Wales and Australia. The parties to this agreement waive their respective rights to a trial by jury.
21.1 The Terms of Service, together with the Privacy Policy, Legal Agreements and the other rules and policies of the Website and any other relevant documents herein mentioned, constitute the entire agreement between NETSKY and you with respect to the subject matter hereof.
22.1 The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
23. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE IN FULL AND THAT BY CONTINUING TO USE THE WEBSITE OR AVAILING OUR SERVICES YOU WISH TO ENTER INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY, AND THAT IN DOING YOU ARE NOT RELYING UPON ANY STATEMENTS OR REPRESENTATIONS BY US OR OUR AGENTS.
This is the main Customer Master agreement that would apply to you as our Customer. Apart from this Master Agreement, the following Product Specific Agreements may also apply to you depending on the Products and Services you buy.
Registrar Registrant Agreement for Domain NamesThis represents the Agreement between the Registrant (Owner) of a Domain Name and the Registrar. If you register a domain name through us, this Agreement will apply to the person whose information you filled in the Owner section during the Registration process
Customer Agreement for Domain NamesThe Customer shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Parent Products.
