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Acknowledgment and Acceptance
Imagingideas Pty Ltd ("Provider") shall provide electronic services to an individual
or organization ("Client") under these Terms of Service ("TOS"), as well as any operating rules or polices, current and future, published at
imagingideas.com.au.
This TOS shall be binding on both Provider and Client and shall include but not be restricted to, all services ("Service")
provided at or by, Imagingideas. In this TOS, "we", "our" and "us" means Provider and "you", "they" or
"their" means Client.
Provider reserves the right to change these TOS from time to time, at its sole discretion and without notice. It is the
Client"s responsibility to be familiar with and to provide themselve's with, a current copy of our TOS.
Provider reserves the right to refuse
and/or terminate the Service, to any individual or organization for any; legal, moral or ethical reasons, or that is deemed by Provider to be unsuitable.
Description of Services
Includes, but is not limited to:
Hosting
Provider will give Client the ability
to store Web pages, data, and files; plus various types of scripts, that shall be accessible via the Internet and the World Wide Web and be considered to be Hosted
by Provider.
Web Page Creation
Creation of files, known as Web pages, from information provided by Client. This can include; text, images, and
other "Web type" formats.
Web Site Maintenance
Includes; Updating of Web Pages that have previously been created, a one page outline showing the ranking of Client's
Domain Name—within the top 30 listings of various Search Engines, and submission of Client's Domain Name URL to various Search Engines.
Search Engine Optimization
Creation
of one (1) HTML Web page, using specific methodology to provide a favourable listing within various Search Engines. Client will supply all text, images and
other necessary information as deemed by Provider. Placement or Ranking within any Search Engine is not guaranteed and Provider has final say on when the work
has been completed.
For the Service rendered by Provider, Client must:
1. provide all equipment, including a computer and communications
device(s) necessary, to establish and maintain their own connection to the Internet and the World Wide Web
2. provide for their own method of access to
the Internet and the World Wide Web plus pay for any fees (including, but not limited to, telephone service(s) or other telecommunications service) associated with
such access
In consideration for using the Service, Client agrees to:
1. provide certain current, complete, and accurate information about
Client as requested by the Provider or approved Agent of Provider
2. maintain and update this information as required to keep it current, complete and accurate
If any information provided by Client is; inaccurate,
false, or fraudulent, Provider retains the right to terminate any and all of the Service provided to Client and rights to use the Service, with or without
notice. Client agrees in this case, it is the prerogative of the Provider as to whether there will be any re-imbursement for any unused portion of pre-paid
fees for the Service.
The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Client's conduct is
subject to Internet regulations, policies and procedures.
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Backups
While Provider shall make every reasonable effort to protect Client's Web pages, data and
files stored using the Service, Provider is not responsible for theft, loss of, or damage to them. Client is solely responsible for maintaining backups of all
of their own Web pages, data and files, and agrees to immediately notify Provider of any unauthorized use of their account or any other breach of security known or
suspected by Client.
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Disclaimer of Warranties
Provider makes no Warranties, representations, or assurances that Client or anyone else's
equipment will be compatible with the Service. Client expressly agrees that use of the Service is at Client's sole risk. The Service is provided on
an "AS IS, AS AVAILABLE" basis. Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to,
implied Warranties of merchantability, fitness for a particular purpose or use and non-infringement.
Provider makes no Warranty that the service will meet
Client's requirements, or that the Service will be uninterrupted, timely, secure or error free; nor does Provider make any Warranty as to the results that may
be obtained from the use of the Service or as to the accuracy of reliability of any information obtained through the Service or that defects in the software will
be corrected.
Client understands and agrees that any Web pages, data, or files downloaded or uploaded for storage through the use of the Service is done at
the Client's own discretion and risk, and that Client will be solely responsible for any damage to Client or third-party computer system(s) or loss of data
that results from use of the Service.
No advice or information, whether oral, written, obtained by Client from Provider or through the Service shall create
any Warranty not expressly made herein.
Provider makes no Warranty regarding goods or services purchased or obtained through the Service or any transactions
entered into through the Service.
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Privacy Policy
The policy of Provider is to respect the privacy of its Client's, as well as the privacy
of all those conducting business through use of the Service. However, unless expressly stated and identified, communications by and between Provider, Client,
and third parties, cannot be considered completely private, and no Warranties about their privacy are thus made by the Provider.
Client grants Provider the
right to disclose to third-parties certain information about the Client and their use of the Service, in the aggregate; however, such disclosures will exclude
Client's name, mailing address, eMail address, account and phone number, unless:
1. Client directs Provider in writing or by eMail message, to disclose such information
and/or
2. Provider is required to disclose such information by any applicable law or legal process served on Provider
Client
acknowledges and agrees that Provider does not endorse the contents of any Client communications or use of the Service and specifically disclaims any
responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, as well as any claimed or actual infringement of third
party intellectual property rights arising there from or any crime facilitated thereby.
Client acknowledges and agrees that certain technical processing of
communications and their content may be required to:
1. communicate with Client's of Provider
2. conform to connecting networks technical requirements
3. conform to the limitations of the Service
4. conform to other similar requirements
Provider may at times monitor the use of the Service by and between Client and Third parties and the Service
itself. There may also be times when, for the benefit of the Service as a whole, Client related processes will need to be stopped and/or have alterations done
to certain files of their's. Client agrees that Provider has their permission to perform these alterations when needed; at the descretion of Provider and
without prior warning.
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Payment Policies
Provider reserves the right to change prices at any time and prices are guaranteed for the term of pre-payment.
Client agrees they are responsible for keeping current with all monies owed for the Service, from the time the Service was established to the time that
Client notifies Provider of intent to cancel the Service and Client has received an acknowledgement from Provider of said intent.
Any delinquency for the
Service not brought current within one week (7 Calendar days, inclusive) of eMail notice from Provider, is subject to suspension of the Service. If the
delinquency is not brought current within a further seven (7) Calendar days, inclusive, the Service will be canceled and any Agreements deemed to be terminated.
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Copyright and Ownership
Provider retains all rights of Copyright and Ownership to all contracted Web pages, started or
finished by Provider, until such time as Client has paid in full, any amounts owing.
Upon final payment of said services, the Client is assigned rights to
use within their Web site, the design, graphics, text, and elements specifically designed for the Client. Client also has the right to use these in print and
advertising relating to Client's Web site.
Rights to computer programs and graphics not specifically designed for the Client are not transferred to the
Client, and remain the property of their respective owners.
Provider retains the right to display graphics and other Web design elements of any and all
pages created, either started or completed, as examples of Provider's capabilities.
Client agrees and affirms, they have full Copyrights and/or
permission to use, any graphics, text, or whatever else is submitted to Provider, in order for Provider to complete contracted Web pages or for Client's use
within their own Hosting package provided through the Service.
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Cancellation
Provider reserves the right to suspend or cancel at any time, Client access to the Service
when Provider decides the Service has been inappropriately used. If Provider institutes its right of Cancellation then all fees paid in advance of
Cancellation will be pro-rated and returned to Client, according to terms set out elsewhere in these TOS. Return of any pre-paid amounts is contingent to the
Client not having used the Service for Illegal Purposes and has not not violated these TOS as stated elsewhere.
Client understands and agrees, Provider
reserves the right to conclude when they are in violation of this TOS, and may come to such a conclusion even if it is only based upon opinion or belief of
Provider.
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Termination of Service
If it is discovered and proven to the satisfaction of Provider that the Client is using the
Service for an Illegal purpose, Client will be considered in violation of these TOS and the Service shall be immediately terminated. All fees and/or pre-paid
amounts shall be deemed forfeited and non-refundable. Illegal purpose shall include but not be restricted to; all applicable local, and international laws and
regulations.
Termination shall be accompanied by eMail notice to the ISP assigned eMail address provided by Client and currently on file with
Provider. Under certain circumstances described within this TOS, Provider may terminate Service with or without notice.
Provider shall not be liable to
Client or any third party for termination of the Service. Upon termination of the Service, Client's rights to use the Service immediately ceases, and
Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.
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Indemnification
Client agrees to defend, indemnify, save and hold Provider harmless from any and all claims,
actions demands, including reasonable attorneys fees, liabilities, judgments, damages, settlements, losses and costs, made by any third party due to or arising out
of use of the Service, violation of this TOS, any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or
entity. Client also agrees to extend this Indemnification to all officers, owners, employees, successors, assigns, agents and contractors of Provider.
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Limited Liability
Client is solely responsible for the contents of its transmissions and communications through
the Service. Client's use of the Service is subject to all applicable local and international laws and regulations.
Client agrees that any and all
use of the Service is at the Client's sole risk. Provider does not warrant that the Service will be error free or uninterrupted. No claims or
guarantees are made by Provider as to the accuracy or reliability of the Service, unless otherwise expressly stated in this TOS. Client also agrees that
Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use of the Service.
Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, Tort including negligence or
otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of Agreement for Service and any reasonable Attorney's fee and Court
costs.
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Entire Understanding
This TOS constitutes the sole agreement between Provider and Client with respect to the
subject matter hereof and shall be attached to any use of the Service. The parties hereby confirm that they each require that this TOS and all documents and
notices in connection therewith be drawn up in the English langauge.
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