|
Welcome! It is important that you carefully read
these terms and conditions before proceeding. When accepted by you
they will form a legal agreement between you and WebAlive for the
provision of WebAlive Services as defined.
WebAlive TERMS AND CONDITIONS
WEBALIVE TECHNOLOGIES PTY. LTDABN 95 106 793 006
(“WebAlive” or “We”), is the owner, developer and distributor of
the services associated with the web page building, management and
hosting, including access to software which allows you the Customer
to build and manage a website, and including additional features
and upgrades and enhancements from time to time and such other
services as agreed from time to time (“Services”).
1
Application and Variation of these Terms: These terms and
conditions are the terms on which WebAlive provide the Services to
you. These terms constitute the agreement in its entirety and
supersede prior agreements. We may modify these terms, including
the pricing for any of the Services, or give you notice under this
Agreement, by notice on our website and/or by email.
2
Copyright: All reports and associated web site design, text,
graphics, the selection and arrangement thereof, and all software
is Copyright (c) 2000-2005 WebAlive. All Rights Reserved. Copyright
in the material contained within this site and reports subsist
under the Copyright Act 1968 (Cth) Australia and, through
international treaties, the laws of many other countries.
3
Term of Agreement: This Agreement made by you with WebAlive
is for an initial term of 12 months and will then be renewed on our
then current terms and conditions for successive 12 month terms,
unless either party chooses not to renew it. WebAlive reserves the
right to terminate this Agreement at any time on 30 days email
notice to you.
4
Payment: The service fees are payable by you annually in
advance. You are not entitled to a refund of fees for early
cancellation of this Agreement (unless we terminate it other than
by reason of your default). All other fees are payable within 7
days of the date of invoice. Accounts unpaid 60 days after date of
invoice may have the Services interrupted or terminated. Such
interruption does not relieve you the Customer of the obligation to
make payments under this Agreement. Accounts in default may be
subject to an interest charge on the outstanding balance of the
lesser of 1.5% per month or the maximum rate permitted by law. You
agree, in the event of default, to pay WebAlive its reasonable
expenses, including legal and collection agency fees, incurred in
enforcing its rights under this Agreement.
Fees are exclusive of any taxes which may be levied or
assessed.. Any such taxes shall be paid by you the Customer. If the
whole or any part of a payment is the consideration for a Taxable
Supply for GST purposes, Customer must pay to WebAlive an
additional amount equal to the applicable GST amount with that
payment and WebAlive will provide to Customer a GST tax
invoice.
5
Warranties: Certain legislation (including the Trade
Practices Act and Fair Trading Acts) may imply terms, warranties or
conditions that cannot be excluded, restricted or modified
(“Statutory Warranties”). Subject to the Statutory Warranties and
to any other warranties given specifically:
• all
conditions, warranties and other provisions which might otherwise
have been implied into this Agreement or otherwise in relation to
the Services, are excluded;
• the
disclaimer in relation to Java Technology (which may be used in
providing the Services) which appears below applies to this
Agreement;
• you
acknowledge that all software (including that used to provide the
Services) may have errors, and that it is therefore your
responsibility to monitor and verify the use of the Services.
6
Limitation Of Liability: Where the Services are not of a
kind ordinarily acquired for personal, domestic or household use or
consumption, and it is fair and reasonable to do so, the liability
of WebAlive to the Customer is limited, at the option of WebAlive,
to:
• if the
claim relates to goods, repair or replacement of the goods or
payment of the cost of having the goods replaced; and
• if the
claim relates to services, supplying the services again or payment
of the cost of having the services supplied again.
To the extent permitted by law, the liability of WebAlive to the
Customer or any other person, whether in contract, tort (including
negligence), under statute or otherwise, arising out of or in any
way relating to this Agreement:
• except
as expressly stated in this Agreement, is excluded;
• where it
cannot be excluded, is limited in total to the fees payable by you
for the Services; and
• excludes
liability for any indirect, secondary or consequential loss or
damage or for loss of income, profits or anticipated savings or
loss of opportunity.
• And you,
the user indemnify WebAlive against any loss or claim arising out
the use of the Services
7
Initial down time: From the time that WebAlive reserves a
domain name on your behalf, there may be a period of between 4 and
72 hours before the Services under this Agreement become live. Care
will be taken to minimize any such period, but WebAlive does not
guarantee nor take any responsibility for web site down time and
loss of e-mail during this period.
8
Links and Publicity: By participating in this transaction
you acknowledge and automatically authorize WebAlive to use its
name, and logo for the express and sole purpose of identifying you
as a client of WebAlive in its Marketing material, both Print and
Electronic. You automatically authorize WebAlive to create a
hyperlink from your web site to WebAlive web sites. You may elect
to withdraw your permission for the use of same, but must do so in
writing with 30 days notification for withdrawal of any material
from the commercial domain. WebAlive accepts no liability for, nor
warrants the accuracy of content associated with any of its
customer’s web sites.
9
Trademarks and Intellectual Property Rights: WebAlive is the
sole and exclusive owner of the Services and the underlying
software code and all Intellectual Property Rights in relation to
the Services. All improvements to the Services will remain the
property of WebAlive. WebAlive shall have and retain sole ownership
of its trademarks, including the goodwill pertaining thereto.
10
Acceptable Use: You the Customer will ensure that your web
site content (and anything relating to your web site or to the
Services) is not illegal; deceptive; inaccurate; defamatory;
pornographic, obscene or sexually explicit; discriminatory to any
race, ethnic group, religion, or sect; discriminatory or offensive
to the disabled or any physically, socially or economically
disadvantaged community sector; discriminatory against any persons
of a particular gender or sexual persuasion; discriminatory against
any professional or trade group; offensive, or derogatory to any
person or persons; or likely to in any way interfere with or harm
the business of any person or entity or to interfere in any way
with the natural course of business. You will also ensure that your
website is not used for any "spamming" activity or any misleading
or deceptive conduct or other illegal or unethical marketing
practice. You further warrant that nothing on your site will breach
copyright; or will be contrary to the terms of any binding
confidentiality or other agreement or will breach of any Privacy
Act or equivalent or any other laws or legal requirement.
WebAlive may, but shall not be obligated to, immediately and
without notice, terminate the provision of Services to you and
remove your web site or your access to it, if in our reasonable
opinion you may be in breach of this clause of this Agreement and
such termination may take place immediately on detection of such
conduct and without notice to you the Customer. You acknowledge
that you shall have no remedy or recourse against WebAlive.
Upon termination under this clause, WebAlive shall have the
right to delete and/or destroy any and all of your site content and
information, without accounting to you for such destruction.
You shall have no redress against WebAlive in respect of any
loss or claimed loss arising out of anything done under this
clause.
Notwithstanding termination under this clause, WebAlive shall be
entitled to receive payment from you for the Services for the term
of this Agreement currently in force at the time of such
termination.
WebAlive does not accept liability for anything on your web site
or which in any way relates to it and if any claim is made or
threatened against WebAlive in respect of your web site or any use
of the web site, you will indemnify and keep fully indemnified each
of them.
11
Breach of Copyright: WebAlive does not condone activities
and actions that breach the rights of copyright owners. It is your
responsibility to obey all laws governing copyright.
12
Software License: WebAlive hereby grants you a
non-exclusive, non-transferable license to use its software in
object code form only, on a server controlled by WebAlive, for the
sole purpose of creating and maintaining a web site on the WebAlive
server, or on such other server as may be licensed by WebAlive to
host sites on its behalf, and under the terms and conditions of
such license.
You may not copy or reproduce the software either in full or in
part, nor attempt to in any way modify, alter, reverse engineer or
de-compile the software. You are not licensed to use or install the
software, other than as specifically authorised by WebAlive.
13
JAVA DISCLAIMER:JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS
NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS
ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR
TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS,
IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO
DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
(Sun Microsystems, Inc. has required the inclusion of this
disclaimer.)
14
Trade and business obligations: You agree to comply with all
requirements for the conduct of business applicable to persons
conducting business both in Australia, and in your country of
residence and in particular not to breach any export law or trade
restriction by the sale or supply of goods or services on your web
site.
15
Applicable law: Unless prohibited by the law of your place
of residence, the laws of Victoria, Australia, govern this
Agreement, and you submit to the jurisdiction of the courts of
Victoria.
SmartWeb Canada SERVICES
AGREEMENT
By selecting “Accept” you accept the terms and conditions of the
WebAlive SERVICES AGREEMENT for an initial term of 12 months and
you agree to pay the service fees in advance for the first 12
months.
View WebAlive's Privacy Policy.
Home | Affiliates | Terms and Conditions | Privacy | Frequently Asked Questions| News Room | Jobs Ι Coming Soon | 