Terms & Conditions
1. APPLICATION AND INTERPRETATION
1.1 This Contract includes any invoice issued by All Web Pty Ltd Trading as Web Secure (ABN 97129911673) and is formed by an authorised officer of each of Web Secure MailGuard and the Client signing where provided. The Contract will prevail in any conflict between it and the terms of any statement, invoice, offer, acceptance or other document communicated or agreed between the parties.
1.2 In this Contract, "Client" means the party described as such on Web Secure MailGuard's application order form (electronic or print).
1.3 Unless the context requires otherwise, a reference to "goods" includes goods or materials supplied by Web Secure MailGuard as part of the provision of services.
2. GOODS/SERVICES, PRICE
2.1 Web Secure MailGuard may agree to provide the Client with any goods and/or services requested by the Client from time to time, at such prices and/or rates as the parties may agree. The parties acknowledge that this Contract will apply to the provision of all such goods and services unless the parties agree otherwise.
2.2 All invoiced prices, freight charges, taxes and other costs related to the provision and/or delivery of goods or services under this Contract will be borne by the Client, and paid in accordance with clause 7. Without limiting the operation of the preceding sentence, the Client agrees to pay all goods and services and other taxes imposed in respect of the supply of goods or services under this Contract, provided that Web Secure MailGuard supplies an invoice specifying the amount so payable in respect of each supply.
2.3 The Customer agrees that for the purposes of any dealing with any Internet service provider, there is no relationship of agency created between the Customer and Web Secure MailGuard and the Customer deals directly and solely with the Internet service provider.
2.4 When using the Service you must comply with these Terms, the Web Secure MailGuard Acceptable Use Policy and any other instructions by Web Secure MailGuard, whether via its website or otherwise. You are also responsible for the use of your Account by any other person (whether you have given them permission to use it or not) and you must ensure that they also comply.
2.4.1 When using the Service, you must not break any laws, infringe the legal rights of any person or cause harm to the Service or its users. For example, You must not: (a) interfere or disrupt with the Service, any other computer system or anyone else's use of them (or attempt to do any of these things), including by distributing viruses or deliberately attempting to overload a system; (b) access, monitor or use any data, systems or networks without authority (for example by hacking) or attempt to probe, scan or test the vulnerability of any data, system or network; (c) send unsolicited bulk emails; (d) forge header information, email source addresses or user information; (e) engage in any activities which expose Web Secure MailGuard to liability.
2.5 The client acknowledges that Web Secure MailGuard will act on the client's behalf to request a change of MX record preference within their DNS in order to facilitate the Web Secure MailGuard service. This will be via communications between Web Secure MailGuard and the client's ISP or DNS manager.
3. DELIVERY
All goods are to be delivered, and all services are to be provided, by Web Secure MailGuard with due care and diligence to or at the Client's premises, unless another place, or method (such as remote communications access) is agreed by the parties.
4. WARRANTIES AND EXTENT OF LIABILITY
4.1 The implied warranties, undertakings and conditions contained in the Trade Practices Act 1974 (Cth), the Goods Act 1958 (Vic) and any other legislation apply to this Contract, in addition to any express warranty provided (whether by Web Secure MailGuard or by a third party) with goods or services. All other warranties, express or implied, are excluded.
4.2 In the event that Web Secure MailGuard is found to be in breach of a warranty, undertaking or condition under sub-clause 4.1, the liability of Web Secure MailGuard in respect of such breach, subject to sub-clause 4.3, will be limited at the option of Web Secure MailGuard to one or more of the following (as applicable): (a) the supplying of the relevant goods or services again; or (b) the payment of the cost of having the relevant goods or services supplied again; or (c) the repair of the relevant goods; or (d) the cost of having the relevant goods repaired.
4.3 If Web Secure MailGuard is held or found to be liable to the Client for any matter relating to or arising in connection with this Contract, whether based on an action or claim in contract, negligence, tort or otherwise, the amount of damages the Client will be entitled to recover from Web Secure MailGuard will be limited to the amount paid by the Client under clause 7.
4.4 The parties recognise that Web Secure MailGuard, in providing product information to the Client, will need to rely on warranties, statements, declarations and other information provided to Web Secure MailGuard (including by way of publication on the Internet or otherwise) by manufacturers and other vendors of products to Web Secure MailGuard.
4.5 Web Secure MailGuard does not provide the client with any direct, or implied warranty of the effectiveness of the Anti-Virus software that Web Secure MailGuard utilises.
5. ACCEPTANCE OF GOODS, SERVICES
5.1 The Client may inspect the goods or services upon delivery or completion (as the case may be), and may reject within 7 days after delivery or completion (as the case may be) any goods or services which it believes are not in accordance with this Contract. Failure to reject goods or services within this time frame constitutes acceptance. In this clause, "completion" means the time at which the first part of the services relevant to the cause for rejection has been completed (where the reason for rejection could have been ascertained at the time).
5.2 The Client will not be liable to pay for any goods or services which are not in accordance with this Contract.
6. ELECTRONIC TRANSACTIONS
6.1. Web Secure MailGuard and the Customer agree that, without limitation, any consent, election, execution, production or other transaction made pursuant to this Agreement will not be invalid solely on the basis that it took place by means of one or more electronic communications. The parties consent to the use of electronic communications or signature in respect of any written notice or consent required pursuant to this Agreement.
7. PASSING OF PROPERTY, RISK
7.1 Risk in goods passes to the Client upon acceptance of the goods by the Client.
7.2 Property in goods passes to the Client upon receipt of full payment for those goods by Web Secure MailGuard. The Client hereby authorises Web Secure MailGuard to enter onto premises where any goods for which Web Secure MailGuard has not received payment (within the time specified in clause 7) are stored and to take possession of those goods. The Client agrees to keep goods for which payment has not been made to Web Secure MailGuard separate from those for which payment has been made, and to hold such goods as bailee for Web Secure MailGuard until payment has been made for them.
8. PAYMENT
8.1.The Client must pay to Web Secure MailGuard the invoiced price of all goods and services provided under this Contract (including all taxes and other charges): (a) in the case of goods supplied, within 7 days after delivery of the goods; and (b) in the case of services, on payment terms set out below, or, if no payment terms are set out below, payment in advance prior to delivery. (c) Payment is by credit card only as stated in the application order form.
9. CONFIDENTIAL INFORMATION
9.1.All information (in whatever form, including any text, drawings, photographs or software) provided or made available by either party for the purpose of this Contract, is confidential unless the party providing the information states otherwise. Each party must keep confidential any confidential information of the other party, and must not reproduce or disclose it without the prior written approval of the other party, except to the extent the law requires, or the information has entered the public domain other than through a breach of this Contract.
10. COPYRIGHT, OTHER INTELLECTUAL PROPERTY
10.1.The copyright and other intellectual property in all material created by either party for the purpose of this Contract, where copyright exists, will be owned by Web Secure MailGuard unless the parties agree otherwise in writing. Web Secure MailGuard grants to the Client a non-exclusive, non-transferable, royalty-free licence to use such intellectual property to the extent necessary to enable the Client to enjoy the full benefit of the goods or services as contemplated by this Contract. Any copyright or other intellectual property created prior to the date Web Secure MailGuard commences providing the goods or services will remain the property of the party which owned it prior to the commencement of Web Secure MailGuard providing the goods or services.
11. TERM AND TERMINATION
11.1 This Contract commences on the date products or services ordered and applies to the provision of all goods and services by Web Secure MailGuard to the Client after that date, unless and until it is terminated by written agreement between the parties..
11.2 If I Web Secure MailGuard commits a breach of any provision of this Contract, and has not remedied that failure within 14 days of being requested in writing by the Client to do so, then the Client may terminate this Contract immediately by notice in writing.
11.3 If the Client commits a breach of any provision of this Contract, and has not remedied that failure within 14 days of being requested in writing by Web Secure MailGuard to do so, then the Web Secure MailGuard may terminate this Contract immediately by notice in writing.
11.4 To the extent that the context and law permit, the rights and obligations of the parties under this Contract survive its termination.
12. CO-OPERATION BY CLIENT
12.1. The Client agrees to provide Web Secure MailGuard with all assistance necessary to enable Web Secure MailGuard to perform its obligations under this Contract, including access to all necessary information, personnel and equipment, and a safe and appropriate working environment.
13. GOVERNING LAW
13.1.This Contract is governed by the laws of Victoria, Australia. The parties unconditionally submit to the jurisdiction of the courts of that State and all courts competent to hear appeals of the decisions of those courts.
14. GST
14.1. If any payment made by one party to any other party under or relating to this document constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will be deemed to include GST.
15. PRIVACY POLICY
15.1.The Customer acknowledges that all property and rights in the Information belongs to Web Secure MailGuard absolutely for its own use and benefit, subject to Web Secure MailGuard's Privacy Policy, of which the Customer has been made aware and has examined to his or her satisfaction. The Customer further acknowledges that unless Web Secure MailGuard is given notice of the contrary in the Application Order Form, the information may also be made available to and used by Web Secure MailGuard and/or its agents at any time for the purpose of marketing and other commercial purposes. Pursuant to the Web Secure MailGuard Privacy Policy, Web Secure MailGuard discloses to the Customer that: Web Secure MailGuard may be contacted by telephone on +61.740315500; The Customer may obtain access to the information by contacting Web Secure MailGuard; Information is collected for the purpose of fulfilling this Agreement and for present and future marketing and commercial purposes; The information is usually disclosed to related entities of Web Secure MailGuard, Internet service providers, its or their agents, suppliers and customers; there is no law specifically requiring the collection of the information; If the information is only partly or not provided to Web Secure MailGuard, this may result in the rejection of the Order by Web Secure MailGuard.
16. REFUND
16.1.Web Secure MailGuard will refund monies paid as under sub-clause 5.1, 11.2 and 11.3, otherwise a credit note will be provided. |
