OUR TERMS OF CONTRACT
On acceptance of an invoice from us and payment or part payment of same you agree to the following terms and conditions.

Domain Name Registration Terms

1. We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

2. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

3. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes.

We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email.

You warrant, undertake and agree that:

a. any transactions within your web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;

b. the information contained within your web site will comply with all applicable law, and codes of practice governing the use of web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;

Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party, for copyright or licence agreement breeches with regard to all information displayed on your website. It is your responsibilty to check all infor mation on your site to guarantee that it does not breech the above.

Termination

We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.

On termination of this agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

Payment

1. All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our web site and/or negotiated with any purchaser direct shall be due and payable within fifteen (14 ) days of receipt of our invoice therefore.

2. The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.

Exclusion and Limitation of Liability

1. TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

2. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

3. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Unfinished Projects

We will take no liability for web sites not completed through lack of information supplied to us, hosting and any other moneys accrued through the unfinished site not being online will be liable for payment by the purchaser. Information must be supplied with-in 10 days of sign-up, when the site is put online for approval, it must be viewed and approved or disapproved with-in 3 days. In the case of either of the above not happening all moneys due including the full invoice amount is due and payable.

Change of Ownership

Our contracts are with the company and person/s owning the business at the time of contracting our services, this contract becomes null and void if the business is sold, and a new contract will be negotiated with new owners.

Copyright © 1998-2004 Workin4u Pty Ltd All rights reserved.



        PH :
3341 8715 FAX : 3341 8949
        EMAIL :
webmaster@workin4u.com.au