Terms and Conditions
Home Page Australia PTY LTD Terms & Conditions of Trading
- The client agrees to be bound by the terms of this agreement for the term of contract
- The agreement can be extended for another term by the mutual agreement of the parties. If the agreement is extended the Service Fees will be renegotiated.
- Unless otherwise agreed in writing by Home Page Australia PTY LTD, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Services of this agreement, which are not expressly stated in the clauses of these terms are expressly included.
- The client shall not be entitled to cancel any order either written or verbal except with the written consent of Home Page Australia PTY LTD, Unless within the 14 day cooling off period specified by various state and Australian Laws.
- Payment for services supplied shall be at the start of a contract unless otherwise agreed in writing by Home Page Australia PTY LTD.
- If the client fails to pay Home Page Australia PTY LTD and monies required by the due date, the client shall pay to Home Page Australia PTY LTD interest thereon or so much as shall remain unpaid at the rate of (1.5) % per month or part thereof from the due date or dates for the payment.
- All expenses, fees or disbursements incurred by Home Page Australia PTY LTD in recovering any amount owing (including any reasonable debt collection agency or solicitors' fees and disbursements) are payable by the client on demand.
- Should the client wish Home Page Australia PTY LTD to provide information, images, logos, etc. to the content additional fees will be incurred. Where any third party consents are necessary to enable Home Page Australia PTY LTD to perform the Services, the client shall obtain those consents within such times as will enable Home Page Australia PTY LTD to perform the Services in accordance with this agreement.
- All Intellectual Property Rights, with the exception of those in any pre-existing material which is incorporated into or which has been used in the course of developing the website shall vest in Home Page Australia PTY LTD.
- It is the client's responsibility to ensure that any material provided to Home Page Australia PTY LTD does not infringe the Intellectual Property Rights of any person, is not obscene, offensive. Upsetting, defamatory and does not compromise and cannot be used for any purpose or activity of an illegal, fraudulent or defamatory nature. The client will indemnify Home Page Australia PTY LTD in respect of any losses or liability incurred as a result of a breach by the client of this clause.
- Home Page Australia PTY LTD shall not be liable for any circumstances affecting the performance of the services which are caused by factors beyond Home Page Australia PTY LTD's control, including the client's failure to provide content, and any sub-contractors or suppliers of Home Page Australia PTY LTD's acts or omissions.
- If either Party terminates this Agreement before the end of the Term all monies in respect of services supplied and services agreed to be supplied will became immediately due and payable. Home Page Australia PTY LTD has the right to terminate this agreement when client is violating Google regulations, ie porn.
- This agreement shall be governed by and construed in accordance with the laws of New South Wales and the parties submit themselves to the non-exclusive jurisdiction of the Courts of that State.
- If any provision of this agreement is void, voidable by any party, unenforceable or illegal in any jurisdiction it shall be read dawn so as to be valid and enforceable or if it cannot be so read dawn, the provision (or where possible the offending words), shall be severed from this agreement without affecting the validity, legality or unenforceability of the remaining provisions (are parts of those provisions) of this agreement which will continue in full farce and effect.
- In this agreement unless the context otherwise requires: Home Page Australia, means Home Page Australia PTY LTD (ABN 97 130 303 669; ACN 130 303 669); "Google" means the services and infrastructure of Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google Clicks" means a user following a Google sponsored link to the Website; "Intellectual Property Rights" means copyright, trade mark, design, patent. Semiconductor or circuit layout rights relevant to textual, graphical, audio and other material displayed an the Website; "Services" means provision of front page Google Website presence in each Search Category and ongoing monitoring of the Google Website ranking; "Term" means 12 months from the acceptance date plus the pro rata period from the time the contract is signed up to the start of the 12 month period; "Website" means the location accessible an the internet through the world wide web.