Terms & Conditions.
Interpretation
and Application
1.1 - These terms apply to Customers and all other persons
or entities relating to services supplied and advertised
by WebNet Services.
1.2 - For the purposes of these terms and conditions
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"WebNet Services"
means Matthew John Lee. ABN 35 941 655 773;
"Customer" or "Customers" refers
to any person/s, entity, or person/s on behalf of an
entity, making use, or exhibiting interest in use of
paid services supplied by WebNet Services;
1.3 - These terms and conditions will be enforced by
legal action or any other legitimate means entirely
at the discretion of WebNet Services.
Variation of Terms and Conditions
2.1 - WebNet Services may alter these terms and conditions
at any time. Any variations to these terms and conditions
will have effect to any WebNet Services service or Customer
booking made or delivered prior to such alterations
and for which services are provided subsequent to the
amendment. WebNet Services shall use its best endeavours
to inform customers affected by such changes.
Waiver
3.1 - A waiver by a WebNet Services member of any power,
condition or term herein must be in writing and will
not operate to prejudice WebNet Services from relying
on that power or condition or term herein at any later
date or any other occasion. A particular waiver will
affect only those WebNet Services employees or agents
named as providing the waiver.
Severance
4.1 - If any of these terms and conditions is unlawful,
invalid or inconsistent with any law statute or regulation
it will be severed only to the minimum extent necessary
to avoid that invalidity or inconsistency.
Governing Law
5.1 - Customers agree that these terms and conditions
shall be construed according to the laws applicable
to the State of Victoria and consent to any proceedings
arising out of these terms and conditions being instituted
and heard by any appropriate court sitting in the State
of Victoria.
Service of Notice
6.1 - Customers agree that service of any notices or
court documents may be effected by forwarding the same
by pre-paid post or facsimile to the last known address
of Customers. A notice executed by WebNet Services,
or duly authorised representative thereof, will be deemed
sufficient notice from WebNet Services.
Payment Terms
7.1 - Unless otherwise agreed to, services supplied
by WebNet Services must be paid for in full prior to
supply.
7.2 - Customers with 30 day Credit Account approved
by WebNet Services must pay account in full before the
last business day of the month following the month during
which the service was supplied.
7.3 - Payment is to be made by either cheque, money
order or by means of electronic funds transfer. Generally,
credit cards will not be accepted for payment.
7.3 - Any payment made by credit card is subject to
prior approval by WebNet Services, which reserves the
right to charge a service fee in respect of such payments.
Goods and Services Tax (GST)
8.1 - Customers are not required to pay for goods and
services tax (GST) applicable to services provided by
WebNet Services.
Default
9.1 - If Customer fails to pay any moneys owing to WebNet
Services or fails to observe or perform any of its obligations
under these terms and conditions or if the Customer
breaches the terms and conditions of any other agreement
it has with WebNet Services at any time, or commits
any act of bankruptcy or insolvency or ceases or threatens
to cease carrying on business, then WebNet Services
may, in addition to any other rights or remedies it
may have;
9.2 - Require immediate payment of all monies owing
by the Customer to WebNet Services on any account;
9.3 - Forthwith suspend or cancel at its option Customer's
credit account (if any);
9.4 - Recover from the Customer all costs relating to
any action taken to recover monies from it, including
any mercantile agent's costs and any legal costs and
disbursements;
9.5 - Cease any further services on behalf of the Customer
and terminate any agreement in relation to services
not yet supplied without incurring any liability, and;
9.6 - Require pre-payment before providing any further
services for the Customer.
Proposed Changes
10.1 - The Customer must immediately advise WebNet Services
in writing of any material change in any information
provided to WebNet Services as part of or in connection
with services sought or supplied.
Financial Information
11.1 - WebNet Services reserves the right to request
financial information and/or require the provision of
bank guarantees, letters of credit etc. from the Customer.
Account Queries
12.1 - Account queries must be submitted by Customer
to the relevant WebNet Services officer on or before
the last day of the month following the supply of the
service to which the query relates.
Customer Material
13.1 - Customer will ensure that all directions and
materials submitted to WebNet Services by or on behalf
of the Customer shall comply with any applicable laws,
regulations and broadcasting codes or standards as are
in place from time to time and, without limiting the
generality, will not contain defamatory material or
material in breach of legislation.
Cancellation/Rejection of Service
14.1 - Any cancellation of services by the Customer
requires immediate notification to WebNet Services,
which will be deemed as given only if confirmed by WebNet
Services prior to the previously arranged service being
supplied.
14.2 - WebNet Services reserves the right to require
full payment for any works completed before services
are confirmed as cancelled.
14.3 - Webnet Services reserves the right at any time
to reject a service or to amend or refuse supply of
service.
14.4 - WebNet Services reserves the right to refuse
a customer service in order to meet the demand of existing
customer services.
Indemnity
15.1 - Customers will indemnify and keep indemnified
WebNet Services and their respective employees and agents
against all claims, demands, proceedings, damages, costs,
expenses, losses or any other liability whatsoever arising
wholly or partly, directly or indirectly in connection
with any services sought, unsought, supplied or expressly
or impliedly approved by WebNet Services including but
not limited to any breach of any law or regulation or
for any breach of any legal, equitable or other rights
of any person, firm, corporation or entity, this includes
claims of negligence.
15.2 - WebNet Services does not endorse and hence shall
be kept indemnified by Customers of any claims arising
from material, written, audio or otherwise that is relayed
from Customers to the public.
Liability
Neither WebNet Services or its employees or agents shall
be liable for;
16.1 - Non-broadcast or non-acceptance, either knowingly
or unknowingly of material supplied.
16.2 - Copy changes or failure to broadcast arising
from cancellation, default by Customer or non compliance
with these terms;
16.3 - Minor discrepancies or schedule variations
16.4 - Schedule variances necessitated by broadcasts
of news or events of national importance, directions
of authorities or broadcast of urgent, safety or emergency
material.
WebNet Services Brand
17.1 - Customers will not use and will not permit the
use of the WebNet Services logo or name in any documentation,
broadcast, program or promotional material without the
written consent of WebNet Services in each specific
case.
WebNet Services Website/Other Published Material
18.1 - The WebNet Services website and all other material,
written or otherwise, published by WebNet Services and
presented to any Customers or any other person or entity,
intentionally or unintentionally, is created and maintained
for general information only. No information provided
therein is represented or implied to be legal, accounting,
financial, investment or any other advice. WebNet Services
accepts neither responsibility nor liability for, and
makes no representations with respect to the accuracy
of the information published. All information and published
materials supplied or presented by WebNet Services should
not be relied upon in the place of legal or professional
advice. Any person relying on any information or published
does so at their own risk. WebNet Services, its employees
and agents, will not be liable for any loss or damage
incurred as a result of any reliance on such information
or published materials.
Copyright
19.1 - WebNet Services may record, reproduce, disseminate
or otherwise utilise participating Customer websites
to illustrate or promote the WebNet Services service.
19.2 - All intellectual property rights including, but
not limited to copyright, (except in the case of material
specifically supplied by Customers for the purposes
of broadcast) for services supplied to Customers by
WebNet Services, its employees or agents, vest entirely
in WebNet Services. Prior written clearance from WebNet
Services will be required for any use of such material.
Permission may be withheld.
19.3 - Customers will keep confidential any creative
or financial proposal supplied by WebNet Services and
will not, unless with written clearance from WebNet
Services, disseminate information of, use or exploit
such proposal.
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