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Terms & Conditions

Last updated: 2020-08-11

24. Miscellaneous

  1. (Assignment) No party may assign or otherwise deal in any way with its rights under this Agreement without the prior written consent of the other party.
  2. (Definitions) In this document, unless the context otherwise requires:
    1. Business Day means a day on which banks are open for business in Melbourne, Victoria that is not a Saturday, Sunday or public holiday;
    2. Confidential Information means all the information provided by a party (Discloser) to the other party in connection with this Agreement where such information is identified as confidential or would reasonably be considered to be confidential based on its context, nature or the manner of its disclosure, other than information:
      1. that is in the public domain other than by a breach of this Agreement; and
      2. developed independently by persons other than the Discloser.
    3. Service means any one or more of the following:
      1. Design Service;
      2. AdWords Service;
      3. SEO Service;
      4. Facebook Service;
      5. Hosting Service; or
      6. Remarketing Service.
    4. Termination Fee means, for each service, the amount calculated using the following formula:
      (MF x MT + SC) – AP
      where:
      MF is the Monthly Fee
      MT is the Minimum Term
      SC is the Setup Cost
      AP is the amount that you paid to us under the Agreement.
  3. (Interpretation) In this Agreement, unless the context otherwise requires:
    1. words defined in our Offer have the same meaning in the Ts and Cs;
    2. if there is any inconsistency between the Offer and these Ts and Cs, the Ts and Cs are paramount to the extent of that inconsistency;
    3. includes, including, or similar expressions are not words of limitation;
    4. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
    5. a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time; and
    6. if a period of time starts from a given day (or event), it is calculated exclusive of that day (or the day the event occurs).
  4. (Severability) If a provision of the Agreement is void, invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  5. (Entire Agreement) The Agreement forms the entire agreement between the parties about its subject matter and supersedes all other discussions, negotiations, representations, arrangements, warranties or agreements.
  6. (Variation) The Agreement may only be amended or varied in writing signed by the parties.
  7. (Waiver) Any rights under the Agreement may not be waived or varied except in writing signed by the party to be bound.
  8. (Credit Reports, notice and consent) You acknowledge and agree that we and any related bodies corporate may:
    1. give certain information about you to our related bodies, any credit reporting agency, other credit providers, collecting agencies or legal firms (some being located in foreign countries) in order to obtain a credit report about them or to recover money which is due and payable from them.  The information which may be given is covered by section 18E(1) of the Privacy Act 1988 (Cth) (Act) and may include, as relevant, identity particulars and the fact that the Customer has applied for credit or the Guarantor has offered to act as guarantor;
    2. give a consumer credit report to collect overdue payment on commercial; and
    3. in assessing whether to grant the Customer’s credit application or whether to accept the Guarantor as a guarantor, seek and obtain information about them from a credit reporting agency or another credit provider and may give information about them to another credit provider.  The information may include anything about credit worthiness, history, standing or capacity (including information about commercial credit) which credit providers are permitted by the Act to obtain or receive.
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