Get IT Happening - Privacy Policy, Terms & Conditions
1. Acceptance Of Terms
Use of any of our services constitutes the acceptance of this entire document, the subjects and terms here within, all of which should be read prior to entering any website or agreement of/with Get It Happening. These agreements and policies together constitute the entire agreement between you, the client and Get It Happening, with respect to the subject matter and will supersede and replace all prior agreements, written or oral, regarding such subject matter.
Get It Happening reserves the right to revise its policies at any time without notice. All clients old and new are required to abide by the latest version of all of our policies maintained at our website. http://gih.com.au/legal.php.
For the purpose of this document, “GIH”, “We”, “Us”, “Our” refer to the registered Australian Business N. M. & S. J. O’Brien trading as Get It Happening, ABN: 35 764 160 592, whose online presence can be found at:
The terms “You”, Your”, “Client”, “Customer” refer to any person or party that use the services of Get It Happening.
|
| Return To Top |
2. Disclaimer
Users of the GIH websites agree that they do so at their sole risk and that the website is provided by GIH on an 'as is' and 'as available' basis. All content on this and any GIH website is for information purposes only. All content, prices, products and services offered for supply by GIH are subject to change without notice.
To the full extent permitted by law we hereby exclude all conditions and warranties not expressly set out herein. We make or give no express or implied warranties including, without limitation, the warranties of quality, non-infringement of rights, 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 or the information presented on any of our websites shall create a warranty or in any way increase the scope of the express warranties hereby given, and you should not rely on any such information or advice. Furthermore GIH will not guarantee that any of the information stated will be: non-interrupted, timely, reliable or error free.
While we make every effort to offer you the highest level of service possible, GIH hereby disclaims and is released from all liability and responsibility for any loss, damage, costs or expenses of any kind suffered or incurred by anyone, arising out of the use, installation, improper use or inability to use the services or products offered by us or as a consequence of your breach or non-observance of these terms or that may arise from any service or product provided or agreed to be provided by us. You agree to indemnify, keep indemnified and hold Get It Happening and its proprietors, employees, sub-contractors and all other representatives harmless from any claim brought against us by you or any third party resulting from the provision of services and products by us to you and your use of the services and products including all losses, costs, actions, proceedings, claims, damages, expenses (including all legal costs and expenses), or liabilities, whatsoever suffered and howsoever incur red by us.
Incorporated into the GIH websites are links to the websites of other organisations and businesses. The links we have incorporated are for your convenience only and do not and should not be taken as implying an endorsement or approval of the content of those websites or the activities of the organisations and businesses responsible for those websites.
I. - Limitation of Liability
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 products and/or services shall be limited to the charges paid by you in respect of the products and/or services which are the subject of any such claim and provided that you notify us of any such claim within 90 days of it arising. 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.
II. - Obligation Under Legislation
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Commonwealth Trade Practices Act 1974 or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to our election of the following options:
- in relation to goods
- the replacement of the goods or the supply of equivalent goods;
- or payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired.
- in relation to services
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
|
| Return To Top |
3. Copyright Statement
All intellectual property rights in any material supplied as part of our service to you or our websites remains the property of GIH and/or our licensors. At no stage are you permitted to use any material associated with this or any other GIH website or printed materials other than with our express written consent or if necessary that of our licensors.
You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material either intentionally or unintentionally, and agree not to assist or facilitate any third party in these processes, without our or our licensors express written consent. You agree that, if at any stage you become aware of anyone exploiting any information belonging to GIH, you will let us know immediately via the contact link at the top of this page.
|
| Return To Top |
4. Privacy Policy
At Get It Happening we aim for the highest level of client service and satisfaction. As such we have stringent policies in place to ensure the utmost respect for your online as well as offline security and privacy. Unlike many unscrupulous online companies, we never trade your information. Our only purposes for keeping your information are identification and correspondence with GIH and its authorised representatives and assessment of our websites. We may however disclose customer details when it is necessary to protect the legitimate interests of GIH and its customers. GIH must also disclose information when we believe, in good faith, that the disclosure is required by law.
I. - Personal Information
GIH does not collect personally identifying information about any individual at any of its websites, except when knowingly provided by such individual. For example, we may ask you for information when you register to receive a newsletter or contact us for a quote. This is done via voluntary submission, you always have the option not to provide the information we request. However if you choose not to provide the information we request you may be unable to access certain options and services.
II. - Browser Level Information
GIH web servers automatically collect information about a site user's IP address, browser type and referrer. This information is provided by every user's browser and is automatically logged by most websites. We collected this information in a database and it is used in an aggregated and anonymous manner in our internal analysis of traffic patterns within our websites.
III. - Cookies
A cookie is a data file that most websites write to your computer's hard drive when you visit such sites. A cookie file can contain information, such as a user session code, that the site uses to track the pages you have visited in an anonymous manner and keeps session information so your online transactions are accurate. GIH uses cookies solely to track user traffic patterns throughout our websites and to allow you access to certain sections of the site. We use this data on a totally anonymous basis and we do not correlate this information with personal data of any user. Most internet browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable the receipt of cookies from our website, you may not be able to use certain features of the site.
IV. - Ordering And Billing
Our online ordering page is 128bit-SSL secured, which can be verified by checking on your browser for the Padlock at bottom right. Your credit card details together with personal information like name, address, etc. are transmitted using 128bit SSL protocol. Our entire payment process is as stringent as most of the leading online traders and is inline with banking industry standards, which makes your experience very safe and confidential.
V. - Mass Email
We may send emails to those receiving one of our services and/or those registered at our forums and latest news sections etc. These emails may be regarding things such as service status, new products and services and promotions etc. You can always choose to opt-out of such lists at any time by sending an unsubscribe email in reply to the email you recieved.
VI. - Use Of Your Information And Material
When supplying GIH with personal information, you are sharing that information, when necessary, with GIH and its staff as well as vendors providing other services for GIH. If you do not want your information to be shared, you can choose not to allow the transfer of your information by not using that particular service. When you send us any feedback, suggestions, ideas or other materials in relation to or via our websites, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
By using our website, you agree to the collection and use of information. If you have any further concerns about how we will use information that is provided to us, please contact us via the contact button at the top of this page. To obtain further information in respect of your rights regarding privacy, please refer to the Australian Governments pages for privacy.
|
| Return To Top |
5. Terms Of Service
The following terms and conditions apply to all clients, resellers and partners, their contracts and provision of all products and services supplied by GIH. If any section/s of these terms and conditions is held to be invalid or unenforceable in whole or in part, by legislation or a court of law, the invalid or unenforceable section/s shall be deemed to be omitted and will not effect the rest of this document.
I. - Notices
Except where expressly provided otherwise, any notice to be given by any party (GIH or you) to the other may be sent by either email, fax, post or courier to the address of the other party as supplied in writing. If sent by email it shall, unless the contrary is proved, be deemed to be received on the day it was sent. If sent by fax it shall be deemed to be served on receipt of an error free transmission report. If sent by post or courier it shall be deemed to be served two days following the date of posting. Failure to respond to any notice given by GIH to you, will be deemed acceptance of such notice.
| For Email Correspondence: |
Click Here |
| |
|
| For Written Correspondence: |
The Administrator
Get It Happening
PO Box 787
Mt Ommaney
QLD Australia 4074 |
II. - Quotations And Deposits
GIH makes all quotations only via writing or email. All quotations are only valid for fourteen (14) days from quotation date. After this time you will need to obtain a new quotation for all goods and services.
A quotation is only considered accepted by the client if GIH is notified in writing or via email and the deposit is paid and cleared in full. The deposit amount will be included on your quotation, and an invoice for the deposit will be sent. Acceptance must occur witin the fourteen (14) day quotation period. (For payment options click here.)
Deposits on works are considered to be current for a period of three (3) months only. Any client with works taking longer than three (3) months must apply to GIH to make progressive payments. If at any stage during a project GIH has not been contacted for a period of ninety (90) days or longer, GIH will consider the client's deposit and any progressive payments as forfieted and any amounts paid by the client will be non-refundable.
If at any time a client wishes to cancel a contract with GIH for projects that are incomplete, all deposits and progressive payments will be non-refundable.
III. - Contracts And Billing
You are required to make a copy of all documentation and keep the copy for your future reference. GIH remains the rightful owner of all contractual agreements both written and electronic. As such GIH will, where applicable, use any means necessary to enforce contractual agreements that are not met fully by any client.
IV. - Completed Works Invoices
At the time of completion of any project, you will be contacted by GIH and asked to examine all works undertaken. After your approval you will be invoiced for any completed works. Full payment of any outstanding amounts must be paid within the time frame specified on your invoice. (For payment options click here.) If goods or services are recieved by the client without full payment being made the ownership of such goods or services will remain with GIH until such time as the full payment is made. In the event that these conditions are not met, the agreement we have with you will be regarded as a non-payment.
V. - Payments And Recurring Payments
All manual transactions carried out by Get It Happening, are through its Australian Bank Account. Online transactions processed by GIH are handled by PayPal (PayPal Inc.). Some transactions via the GIH website are handled via our affiliates and GIH will not be held responsible in any way for transactions carried out by third parties. All transactions are in Australian dollars even though they may be displayed in other currencies on your statement. GIH is not responsible for any additional fees charged to you by your credit card provider, bank, PayPal or any other payment method provider. Whilst GIH take great care to ensure your online security, using a credit card either manually or online carries risks which the user must make themselves aware. GIH will not be held responsible for any credit card activity be it legal or illegal. To review credit card risks please see the respective websites of your credit card providers.
Payments for annually recurring account holders are payable via: business or bank cheque, Australia Post money order, credit card (online via Pay Pal), direct bank deposit or electronic bank transfer. Monthly account fees are only payable automatically via direct debit or credit card. Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.
If any account or invoice is to be paid by business or bank cheque, it is expected that:
-
The cheque be from an Australian Bank in Australian Dollars Only.
-
The cheque be made payable to GET IT HAPPENING and marked NOT NEGOTIABLE.
-
The cheque be posted to PO Box 787, Mt. Ommaney, QLD, Australia, 4074.
-
The cheque be received at least 7 days prior to the account renewal date, as to allow clearance time by our bank.
Any payments made by cheque will not be approved until such time that the cheque payment has been processed by our bank. If any of the above conditions are not met, the cheque, at our discretion, may not be accepted and if so will be destroyed.
If at any time cheques or other payment forms are dishonoured by your bank or provider, any fees incurred by GIH will then be added to your owing account balance. If your account has been marked with a dishonoured fee more than once, that payment method which was dishonoured will no longer be an acceptable form of payment from you to GIH. Multiple payments that are dishonoured may result in the termination of services by GIH.
One time charges for accounts on an annual payment plan will be charged at the commencement of service. Annually recurring charges will be invoiced thirty (30) days prior to renewal date and require payment in full before the contracted renewal date to remain fully active. Excess resource usage such as additional space and bandwidth used, will be, if a credit card is provided, charged upon invoice issuance. If a credit card is not provided invoices will be issued monthly, when required, to facilitate payment for the additional usage or you can choose to upgrade your services. All over-usage payment terms are strictly fourteen (14) days.
Monthly charges will occur at the beginning of each service cycle automatically. One time charges for accounts on a monthly plan will be charged at the commencement of service. Clients choosing to pay by the month will also be required to keep their account at least one (1) month in advance at all times. To facilitate this, your first charge will include two (2) months of fees. Excess resource usage such as additional space and bandwidth used, will be automatically charged for the additional usage or you can choose to upgrade your services.
VI. - Non-payment
GIH strives to provide its clients with services that are of the highest standards possible. As such, we do expect an acceptable amount of professionalism in concerns to the payment of your account. For these reasons we have the following non-payment policy:
-
Any contracted account for virtual or physical services must be paid in full within fourteen (14) days of the final invoice date. If payment is not received within thirty (30) days of the final invoice date, any and all services held with GIH may become immediately suspended.
-
No further services will be available until all accounts are paid in full. Your services will be reactivated as soon as payment is made within sixty (60) days past the invoice date and a reactivation fee will apply.
-
If your account renewal is not paid within fourteen (14) days of the invoice date, any or all services that are supplied by GIH may expire including but not limited to domain names, SSL Certificates and payment gateways. If a service expires whilst the account is overdue, GIH will not be held responsible for any loss and any consequences will remain the fault of the offending account holder. Failure to pay any amount due, in full, within thirt (30) days past the invoice date will result in suspension of the account. Your services will be reactivated as soon as payment is made within sixty (60) days past the invoice date and a reactivation fee will apply.
-
Failure to pay any amount due, in full, within sixty (60) days past the invoice date may, at the discretion of GIH, result in termination of the account as well as you becoming liable for the cost of collection of any owed amount. Your amount owed will include any fees that GIH incurs whilst trying to collect such amounts and will include interest on any owed amount, calculated at the daily rate of 20% per annum from the date of invoice.
VII. - Refunds
Refunds on any service or product supplied by GIH are not given unless the product is faulty through no fault of the purchaser. Contracted services that are supplied by GIH will not be refunded nor will any advance payments, unless required by law. At all times the client must fulfill their contractual obligations.
VIII. - Service Cancellation And Transfer
If not under a specific contract, you can choose to cancel our service at any time with 30 days notice either by writing or via email. If under contract your contract period will need to be fulfilled or paid out in full. To facilitate this to your best advantage, your notice of cancellation should coincide with the end of your contract period.
You may transfer your agreement with us, provided that you give us 30 days notice and supply all details of the assignee, as we require. Also that any such transfer is approved by us and accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
We reserve the right to terminate any service at any time. This will in most cases be due to violation of one of our policies and may be preceded by a warning. However cancellation may be immediate in cases of severe offence.
IX. - Service Suspension And Termination
If any terms or conditions are not met, the client risks service suspension or termination. GIH reserves the right to suspend or terminate any account, without prior notice.
If an account is suspended for policy violation the client will be notified of the suspention details and a reactivation date. The client will also be sent an invoice for reactivation which must be paid in full prior to the reactivation date. If suspention is due to non-payment, the client must pay the reactivation fee and any invoiced amount outstanding within sixty (60) days of the initial invoice date and prior to reactivation of services.
If GIH terminates an account either for non-payment or violating policy, the client will forfeit any rights to a refund. At the time of termination, the account will be deleted and all data stored, either electronically on a GIH server or physically stored by GIH will be irretrievable.
X. - Service Reactivation
If a service is suspended, the client may be required to pay a reactivation fee of AU$100.00, and when applicable, will be liable to cover any administrative costs associated with the offense/violation, as determined by GIH.
XI. - Refusal Of Service
GIH reserves the right to refuse, suspend or terminate service of any client at our sole discretion but not prohibited by law. We may at our discretion refuse, suspend or terminate service of any client that is found to be in violation of the terms laid out in this document, or those services of any client that is abusive/harassing/defamatory to GIH and/or GIH employees.
Examples of such activity include, but are not limited to;
-
Verbal abuse - cursing, yelling, threatening, etc.
-
Destroying the good name of GIH, GIH employees, partners, affiliates and sub-contractors.
-
Ongoing disregard for warnings or notices.
-
Consistent mistakes/errors/changes causing unnecessary workload.
-
Spamming GIH email addresses, ticket systems, or servers.
-
Involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage.
-
Consistent late payments or responses.
-
Issuing a charge back or bouncing a payment.
-
Continuous activation of problematic end-users.
-
Activity which affects the service(s) of other GIH clientele.
|
| Return To Top |
6. Web Hosting Specific Terms Of Service
You acknowledge and agree that the use of GIH’s web hosting services is on a lease/rental basis, where your relevant charges are billed or pre-billed for usage of those services, and at no time do you or any third party own the space, bandwidth or the server itself. While we make every possible effort to offer you the highest level of service, GIH will not be held liable for loss, damage, costs or expenses of any kind suffered or incurred by anyone, arising out of the use, installation, improper use or inability to use these services or products. Under no circumstance is GIH liable for any damages, including consequential damages. GIH makes no warranties of any kind, expressed or implied for services we provide. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any or all service interruptions.
I. - Service Availability
We specifically exclude any warranty as to the accuracy or quality of information received by any person via the servers and in no event will we be liable for any loss or damage to any data stored on the server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the server. Whilst we shall use every reasonable endeavour to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorised users or hackers. We do not warrant whatsoever that our virus protection services will stop every virus from reaching your server area or computer network. We make no warranty that the service will be error free or free from interruption or failure, and GIH expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
II. - Acceptable Use
GIH provides services to a worldwide market, therefore we have the responsibility to protect each client and provide them with the best services we can supply. The following guidelines were designed to ensure that we can do such. GIH utilises servers based in The United States Of America as such it is required that users abide by all U.S.A. and Australian Local, State and Federal laws. Our policy gives a guide line which shall help keep your usage within those boundaries.
GIH will be the sole arbiter as to what constitutes a violation of our provisions.
You warrant, undertake and agree that:
-
you will only use and allow use of your assigned website and server space for lawful purposes and that the information contained within your website will comply with all applicable law, and codes of practice governing the use of websites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection which are enforceable at any time.
-
any transactions within your website which are contracts for the sale of goods or services will be between you as the merchant and your end-user/customer only and you agree to include an exclusion of our liability in respect of such purchases and transactions.
-
you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any breach of security, including loss, theft or unauthorised disclosure of your said information. Notwithstanding such notification you will be liable for any and all uses of your account and website, any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not authorised use or access by us.
-
you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the server to our detriment or to the detriment of our other customers.
III. - Content
Examples of content that is unacceptable and/or prohibited on any GIH server include, but are not limited to:
-
copyrighted media without authority to distribute or display.
-
unlicensed applications, cracking programs or key generators.
-
child pornography or kidnapping material.
-
fraudulent activity, phishing, pyramid schemes, chain letters, forgery, impersonation.
-
terrorist propaganda, racist material, or bomb/weapon instructions.
-
any virus/viruses, spy-ware, mal-ware, or other infectious material.
-
material protected by trade secret or other statute.
-
IRC and associated programs (including psybnc, "bots", etc.).
-
scripts commonly used for abuse, attacks, or flooding.
-
threatening, harassing, or obscene content.
-
pornography and sex-related merchandising on any GIH server.
-
Links to unacceptable content, as defined above.
GIH may permit adult/nude content deemed "art" or "educational", as determined on a case-by-case basis. Viewing/downloading of such information/data by GIH clientele is not governed by GIH policy, and is at your own discretion/free-will. This however may be governed by your state/federal government and it is your responsibility to adhere to these regulations.
IV. - Online Activity
Any attempts to undermine or cause harm to the equipment, network or operations utilised by GIH and/or its clientele is strictly prohibited. GIH will pursue legal action to the fullest extent of the law for such abuse. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of GIH, is prohibited.
This includes, but is not limited to:
-
Denial of Service Attacks (DOS/DDOS).
-
Unnecessary Port Scans.
-
Mail Bombing.
-
Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc.
V. - Bulk Email
We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the GIH network, or spamvertising, unsolicited advertising of sites hosted on the GIH network is strictly prohibited. You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. In the event of deliberate transmission of unsolicited commercial email (UCE), GIH reserves it right to terminate services without prior notification.
Legitimate bulk email meets the following criteria:
-
The recipient has confirmed his/her willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)
-
Messages must always include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.
All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.
If GIH approaches a client for evidence of confirmation, this request must be honoured within 24 hours. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination. Additionally, if such actions have caused mail servers or IP address ranges on the GIH network to be blacklisted, GIH reserves the right to charge a AU$750.00 fee to the customer account. This fee is set to cover administrative costs associated with removal from such lists.
Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 3PM – 11PM AEST (U.S. 12AM – 8AM EST).
VI. - Unauthorised Usage
In any case involving unauthorised parties utilising a GIH service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. GIH may opt to suspend all services until the client can perform such an investigation. If the technical support of GIH is required for the investigation, the client agrees to compensate GIH at a rate of $77/hour for such services performed.
The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorised parties may increase resource usage and it should be noted that over-usage fees will apply.
VII. - Resource Usage
GIH will be the sole arbiter as to what constitutes a violation of resource usage limitations.
Storage: Over-usage fees will apply to any service utilising more than its assigned storage allocation. Over-usages will be calculated based on overall amount of Megabytes (Mb) used in total.
Bandwidth: Over-usage fees will apply to any service utilising more than its assigned bandwidth allocation. Over-usages will be calculated based on overall amount of Megabytes (Mb) transferred in a monthly period.
The client is responsible for all usage, and any corresponding over-usages fees, that result from a service that may be hacked and/or exposed to flooding. If your over-usage continues for more than 3 months, GIH may require that you increase your package size. GIH may require a deposit should a client utilise/require large amounts of storage or bandwidth beyond their allocation.
VIII. - Policy Violations
GIH may, at any time, audit systems for any data/activity showing potential policy violations. It is extremely important to ensure that the email address on record with the GIH Customer Service Department is valid. This is the address used for all notifications including abuse warnings. With exception to the most serious of cases GIH will normally make an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any GIH staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.
IX. - Reporting Of Violations
GIH expressly requests that if you believe that there is a violation of our terms of service, direct the information to us via the contact button above. If possible, please provide the IP address used to commit the violation, date and time of the violation, evidence of the violation and as much details as possible. |
| Return To Top |
7. Domain Name Services Terms And Conditions
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.
You acknowledge and agree that the registration of a domain name/s by GIH is for you and is on a leased/rented basis and at no time do you or any third party own the domain name/s. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions, and can and do comply with them. 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 or cancel a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
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.
Here is a list of some of the domain name authorities. Whilst not a comprehensive list, it is required that you read the policies of all authorities that apply to your domain names even if not listed here:
I. - Domain Authorities
List Accurate As At 1st March 2007.
A Full List Of Relevant Authorities Can Be Found At:
http://www.iana.org/cctld/cctld-whois.htm |
| Return To Top |
8. Simplicity Plus Specific Terms And Conditions
I. - Usage And Fees
You acknowledge and agree that the use of GIH’s Content Management System known as Simplicity Plus or S+ is supplied on an individual lease/rental basis where GIH customises the integral parts and optional components of S+ to suit your needs. At no time do you the client or any other party, purchase ownership of the Simplicity Plus system. Ownership and copyright remains and always will remain the property of GIH (see /legal.php #3 Copyright). Your fees are for usage of the required system and optional components only and all programmatic features of the S+ system are not transferable.
S+ is only available through GIH and can, for security reasons, only be hosted on GIH servers. As the workings of S+ interact with the server, occasionally server program updates etc. can cause errors in the configurations of some components of the S+ program. Updates to re-configure these components is usually completed within 24 hours of GIH being made aware of the problem and are totally free of additional charges, however we do not guarantee that any upgrades can or will be completed in a particular time frame.
All content, graphics and photos are and remain your, or third party property, unless otherwise specified. If at any time you wish to terminate the services of GIH you are entitled to copy your content only and this should be completed within your 30 days notice. If your contract is under suspension, or you simply wish GIH to gather your content for you, please contact GIH and request a copy of your websites content. Content gathering will be charged at our standard per hour rate, plus an administration fee of AU$55.00. If your account has already been terminated and you want a copy of your website to be sent to you, we can not guarantee that the information from your website will be retrievable. |
| Return To Top |
9. Reseller Terms
If you are or become a reseller of our services you must ensure that you continue to comply with all of GIH’s terms and conditions at all times by making your customers bound to no less comprehensive and protective terms and conditions than ours. You agree that in your capacity as reseller of our services you will not incur any liability on our part or in any way pledge or purport to pledge our credit or purport to make any contract binding on us. We do not accept the liability or default of your own customers as affecting or limiting your obligations under this agreement and we suggest that you require your customers to sign a form of this agreement.
As a reseller of our services, you are responsible for ensuring that any promotional, advertising or other material you distribute to your customers whether in paper form or electronically:
-
does not contain any misrepresentation relating to GIH, the nature of your relationship with GIH or any of its affiliates.
-
is in accordance with all applicable advertising standards.
-
does not contravene any law of the relevant jurisdiction.
-
is appropriate in all the circumstances; and that you otherwise comply with all laws and regulations governing the exercise of your right as reseller under this agreement.
-
that GIH retains the right to require you to cease distribution of any advertising, promotional and/or other material which in our view is unacceptable.
While we make every effort to offer you the highest level of service possible, GIH hereby disclaims and is released from all liability and responsibility for any loss, damage, costs or expenses of any kind suffered or incurred by anyone, arising out of the use, installation, improper use or inability to use the services or products offered by us to you for resale or as a consequence of your or any other party's breach or non-observance of these terms or that may arise from any service or product provided or agreed to be provided by us. You agree to indemnify, keep indemnified and hold Get It Happening and its proprietors, employees, sub-contractors and all other representatives harmless from any claim brought against us by you or any third party resulting from the provision of our services and products by you to your customers or the use of our services and products including all losses, costs, actions, proceedings, claims, damages, expenses (including all legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us. |
| Return To Top |
10. Revision
GIH reserves the right to revise its policies at any time without notice. All clients old and new need to abide by the latest version of all of our policies which are maintained at our website http//gih.com.au/legal.php. |
| Return To Top |
|
