This document sets out the Terms Of Service and Conditions (the Agreement) of your use of Services provided by SupplyLink International Pty
Ltd and associated firms. As used in this Agreement, "SupplyLink",
"the supplier", "supplier", "our",
"us" means SupplyLink International Pty Ltd and
"client", "you", "your', "subscriber" means you. By accessing our website
or purchasing an advertised item you acknowledge that the eMail
Address you provide is your unique digital signature and you have read and understand this
Agreement and is your authority to proceed with the purchase, and you agree to the Terms and all policies posted on this site. As referred to in this Agreement, "Site" refers to a World Wide Web site owned by the Supplier or any other successor Sites owned or maintained by the Supplier.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires:
(1) ACMA means the Australian Communications and Media Authority, and any successor or replacement body;
(2) Activation Date means the date that we confirm to you in writing (including by email or other
electronic medium) that your New Account has been activated;
(3) Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;
(4) Confidential Information means any information of a confidential nature which is the property of, concerns or is in any way connected with a party (including, without limitation, any trade secrets, confidential or proprietary technical information, trading and financial details and any other information of commercial value) and which is disclosed to or otherwise learnt by the other party under or in connection with this Agreement;
(5) Content includes any data, text, emails, files, names, likenesses, logos, artwork, graphics, video, audio, HTML or other web design code, image maps or software applications uploaded, sent or communicated by you or on your behalf or your customers to the
Services, the Website or the Domain Name;
(6) Domain Name means the domain name or names purchased and registered by you for use with our web
(7) Fees means the fees for the Services as set out on our website at the time of your
purchase or placing your Order, as may be amended from time to time in accordance with this Agreement;
(8) Services means services including but not limited to domain name
registration, web design, web hosting, email hosting, search engine
optimisation, software and any downloads offered by us from time to time via the Supplier website (which URL may be varied by us from time to time);
(9) Intellectual Property Rights includes any:
(b) design, patent, trade mark, service mark, logo, semiconductor or circuit layout rights (whether registered, unregistered or applied for);
(c) trade, business, company or domain name;
(d) moral right;
(e) know how, inventions, processes, trade secret; confidential information (whether in writing or recorded in any form); and
(f) any other proprietary, licence or personal rights arising from intellectual activity in the business, industrial, scientific or artistic fields;
(10) Internet means the world wide connection of computer networks providing for (inter alia) the transmittal of electronic mail and on-line information utilising TCP/IP;
(11) IP Address means an Internet Protocol address;
(12) Laws means any applicable laws, statutes, regulations, by-laws, ordinances or subordinate legislation in force from time to time, binding codes, standards, determinations, orders, or rulings of any State, Territory, Commonwealth or local government department, agency or authority or any industry body (including the ACMA, ACIF, TISSC and the TIO), and the Internet Industry Association Code of Conduct;
(13) Order means your web-based order for Services;
(14) Term means the period for which you have requested and paid for the
Services as specified in an Order;
(15) Terms and Conditions means the terms and conditions set out in this document, and any schedule or annexure to it; and
(16) Website means web pages linked to the Domain Name or Names containing the Content and other materials which may be uploaded and designed by you using Supplier Services
(1) Reference to:
(a) one gender includes the others;
(b) the singular includes the plural and the plural includes the singular;
(c) a person includes a body corporate;
(d) a party includes the party’s executors, administrators, successors and permitted assigns;
(e) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:
(i) that Statutory Provision as amended or re-enacted from time to time; and
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision; and
(f) money is to Australian dollars, unless otherwise stated.
(2) “Including” and similar expressions are not words of limitation.
(3) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(4) Headings and any table of contents or index are for convenience only and do not form part of this Agreement or affect its interpretation.
(5) A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement.
(6) If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.
2.1 We will provide the Services for the Website in accordance with your Order and these Terms and Conditions from the Activation Date for the Term. From the Activation Date you are granted a non-exclusive, non-transferable right and licence for the Term to access and use the
Services in accordance with this Agreement.
2.2 A standard Internet browser and Internet access are required in order for you to be able to access and use the
Services pursuant to this Agreement. You acknowledge and agree that we are not responsible for providing you with such browser or internet access, or any hardware or equipment required to access the
2.3 It may be appropriate or necessary to use third party software as part of the
Services. Any such third party software is licensed to you on and subject to the third party licence terms and conditions applicable to such software. You agree to comply with any such terms and conditions as notified by us from time to time.
2.4 The Services are subject to the bandwidth, memory and disk space, and CPU time/usage limitations set out from time to time on the
Supplier website and/or in your Order. Each Services account has an agreed bandwidth limit as per the order month unless otherwise specified. Bandwidth is the amount of data transmitted to and from your account (E-mail, Shell, Website, FTP). We will make available the bandwidth utilization of each Website via your control panel. In the event that:
(1) your bandwidth, memory or disk space or CPU usage exceeds those limitations, or
(2) those limitations are not specified, but the Supplier considers in sole discretion that your bandwidth, memory or disk space or CPU usage is excessive, we may at out option:
(3) suspend or terminate the Services;
(4) require you to reduce your relevant resource usage to the specified or (where not specified) an acceptable level;
(5) charge you additional Fees. Fees for additional monthly allowance of bandwidth are
$20 per 1GB per month (billed in arrears), unless otherwise specified; and/or
(6) move your Website to another data centre, which could be located anywhere in the world.
2.5 We are not responsible for:
(1) any failures or interruptions in the provision or operation of communications networks or the Internet used to access or use the
Services or the Website;
(2) any failures or interruptions in the provision or operation of Services
including any failures caused by the Suppliers service providers;
(3) any data loss, wrong deliveries or non-deliveries suffered in connection with the
(4) any use of Services by a third party to whom you have given access to the
(5) any use of the unique username and password allocated by us to you by a person other than you
2.6 We do not warrant that the Services:
(1) will be supplied fault free or made continuously available;
(2) will be in accordance with your requirements; suitable for the installation, uploading, use or operation of the Content; or fit for the purposes contemplated by you; or
(3) will be free of hackers, other unauthorised access, denial of service attacks, virus’ or other malicious or harmful code.
2.7 We may perform scheduled or unscheduled maintenance to the Suppliers servers and other equipment from time to time. We will use reasonable endeavours to minimise any disruption to the
Services as a result of any such maintenance.
2.8 You acknowledge that we can suspend your use of the Services if we reasonably believe that your use of the
Services is interfering with: the Services; any other Services provided by us to any Supplier customers; Supplier systems or facilities, or any of the
Services, systems or facilities provided to us by the Suppliers service providers.
2.9 Hosting accounts come equipped with a pre-configured CGI-Bin. You are free to use any CGI-scripts provided with your account or add any additional ones you require. If the Supplier considers in our sole discretion that any CGI-scripts are adversely affecting server performance or network integrity, they may be shut down by us without prior notice. CGI-script sharing with domains not hosted by us is not allowed.
2.10 Downloads unless specified in the accompanying documentation
are for the individual buyers use only and may not be resold or
provided free to any other party without the express written
permission of the Copyright owner and our any claims made in
advertising material are subject to our Earnings
Disclaimer applies to all downloads.
2.11 Support Boundaries General:
Support is available under the following conditions for all
a) You have a technical/operational question about your purchase
b) You have a billing issue
c) You have a sales enquiry - email Sales
d) You have a enquiry/comment for the attention of Management
- email Management
If a) applies, the following procedure is to
be used for Support:
1) Go to the online Knowledgebase
(or eShop Manual if applicable) and search for an answer to your question, if the answer is
unavailable then proceed to step 2)
2) Open a Support Ticket and provide as much detail as
possible about your question.
Please Note: A Fee For Service
applies in the following:
a) If your purchase does not include free support.
b) If the answer is already
available via the Support
Centre, Knowledgebase or eShop Manual and you are provided
with a link to the answer.
c) If you can perform the request via the Support Centre.
d) If you request assistance about any service not provided by the
3) If the client opens a Support Ticket and requests assistance with
any information not available via our Knowledgebase or the Client
Area and Administration
4) If a Client requires eShop
Support after the delivery of the Welcome letter.
We do not
offer support for 3rd party applications (e.g. Fantastico) or
application specific issues such as cgi programming, html, or
any other such issue. We provide a variety of support information
and options to our Subscribers. The Supplier is an online business
and as such we do not offer free telephone support, for telephone
Support fees apply.
2.12 We may from time to time vary these Terms and Conditions, and the amount we charge for the
Services, by general notice on a web page as referred to on the home page of the
Supplier website. Any such variation will be effective immediately.
2.13 We may from time to time, modify, enhance, update or issue new versions of the
Services. We will use reasonable endeavours to ensure that sufficient notification is given to you of these changes on a
web page of the Supplier website. If any such change has a material adverse impact on your business, you may terminate this Agreement on 30 days’ notice.
3 Your Obligations
3.1 You agree to provide as the registered email address in any order and in the Client Area 'My Details' section the email address provided by your ISP.
(Internet Service Provider)
3.2 Where you do not purchase your Domain Name from us at the time of your Order, you agree to allocate the IP/DNS details supplied by us in the Welcome letter to the nominated Domain Name and where you are purchasing your domain name elsewhere or have nominated an already registered Domain name to transfer the Domain name to the Suppliers registration service. All domain names using our service are required to be registered via our Registration service. We may at our discretion change any IP Address allocated to your Domain Name.
3.3 We will provide you with a unique username and password which you may use to access and use the
Services. You must keep the unique username and password supplied by us safe and secure and immediately notify us of any breach of this obligation.
3.4 You must:
(1) access and use Services only in accordance with any (written or electronic) user manual or other instructions for use provided or made available by us from time to time; and
(2) report any faults in Services to us as soon as you become aware of them.
3.5 Other than as may be expressly provided for in this Agreement you must not:
(1) sublicense, sell, lease or loan our Services to any other person or legal entity;
(2) upload, download, transmit, communicate to the public, or otherwise copy, reproduce or distribute any of the
Services or any part thereof; or
(3) deploy Services for rental or commercial bureau Services, applications
Services or hosting activities.
In the event that you are expressly entitled to resell Services under this Agreement, you are liable for the acts or omissions of any person to whom such
Services are resold, as if they were your acts or omissions.
3.6 You must not:
(1) modify or alter the Services; or
(2) reverse engineer, decompile or disassemble any software forming part of the
Services or otherwise reduce the same to a human readable form, except to the extent that doing so is expressly permitted by law and any right to do so cannot be excluded.
3.7 You acknowledge and agree that you are responsible for:
(1) the suitability, installation, configuration, uploading, downloading, use, operation, communication, accuracy and legality of the Content, and that we do not monitor, install, configure, download, review, authorise, edit or alter Content; and
(2) the back up of the Content and any other data or files, unless otherwise expressly agreed by us.
3.8 You authorise and licence us to copy, reproduce, communicate, distribute, perform and display the Content and the Website for the purposes of providing the
Services to you.
3.9 You warrant that:
(1) your access to and use of Services complies with the provisions of this Agreement and all Laws;
(2) the Content, the Website and the Domain Name, and their use and operation do not infringe any Intellectual Property Rights or other rights of any entity or person; and
(3) the software, hardware and equipment used to access the Services
and the Content are free of viruses or other malicious or harmful code at the time of access, uploading or entry into
(4) the Content and the Website:
(a) comply with all Laws;
(b) are not obscene, indecent, excessively violent, misleading, deceptive or defamatory;
(c) do not infringe any Intellectual Property Rights or other rights of any entity or person (including offering or enabling the unauthorised downloading, uploading or distribution of software, music, video or other copyright material);
(d) do not include pornography, nudity, adult sexual content or any sex-related merchandising;
(e) are not damaging to our servers or any other servers on the Internet;
(f) do not include material or resources relating to hacking/phreaking, viruses, anarchy, or that promote or participate in wilful harm to Internet sites or providers;
(g) do not contain any links to content, material, advertising, pages or sites that:
(i) do not contain any links to content, material, advertising, pages or sites that:
(ii) are referred to in clauses 3.8(4)(b) to (f).
3.10 You must not use the Services or the Website for the purposes of operating, sending, selling or promoting bulk or SPAM email or other unsolicited electronic (fixed or wireless) messages. Your Domain Name may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of our network, equipment or any
Supplier email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of this clause 3.9. If we consider in our sole discretion that you have breached this clause, we may in our discretion and without limitation:
(1) disable your Website without notice;
(2) impose a $200 penalty for each breach; and/or
(3) suspend or terminate the Services.
3.11 You will comply with any reasonable direction communicated from time to time by us regarding access to or use of the
3.12 You are responsible and liable for the access and use of Services
by third party service providers or anyone accessing Services using the unique username and password supplied by us, as if such access or use is by you.
3.13 We may without notice to you remove, amend, alter or deny access to any Content in our sole discretion if:
(1) we are required to do so by any Law or order or judgment of a Court or tribunal of fact or law or other competent body (including any “take down notice” issued under the Broadcasting
Services Act 1992;
(2) in our opinion any such Content is obscene, offensive, indecent, excessively violent, illegal, misleading or defamatory, or otherwise unacceptable, undesirable or objectionable.
3.14 You may not use the Services to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for you, logging into any server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, denial of service attacks, or other deliberate attempts to overload or crash a host or network.
3.15 Background programs are prohibited unless prior approval is received from us. We will consider requests on a one on one basis. If approved, extra Fees will be payable by you to us based on resource requirements or system maintenance.
are responsible for your own backups of data on your web site, we do not backup
services for any shared hosting, semi-dedicated, or VPS
and you are responsible for keeping copies
of your own data in the unlikely event of a catastrophe.
3.17 The Hosting Service may not to be used to host files deemed by the Supplier as unsuitable files which include but not limited to the following, archive files, mp3/4/x , .zip, .raz, .pdf, warez, backup, media files. An account's
hosting space may not be used to backup your computer, another source, or general storage of any type. All content stored on any account
hosting space must be directly linked on the Internet to the Domain/s
named and viewable in the Client Area. Shared hosting space may not
be used as a download distribution point for your software or files.
3.18 All domains using the hosting space must be registered with or
transferred to the Supplier's registration service.
Support Boundaries General:
Support is available under the following conditions for all
current accounts as per the categories below:
(If it is
determined that an issue affecting your site was caused external to
our server network and outside our control a professional support
fee may apply.)
Category a) The hosting package purchased is not operating as per
initial setup at the date of the initial Welcome letter. Open a Support
Category b) The client has an eShop issue - open an eShop
Category c) The client has a billing issue - open a Accounts
If either a) or b) apply then the following procedure is to
be used for Support:
1) Open our Knowledgebase
and search for an answer to your question, if the answer is
unavailable then proceed to step 2)
2) Open a Ticket in the appropriate Department and detail the issue.
We do not offer support for 3rd party applications (e.g. Fantastico) or application specific issues such as cgi programming, html, or any other such issue. We provide a variety of
free support information and options to our Subscribers.
c) The client has a sales enquiry - open a Sales
d) The client has an enquiry/comment for the attention of Management
- open an Administration
Please Note: The Supplier does not offer telephone
assistance as part of support, should you require telephone
assistance this can be arranged here.
3.20 The Supplier is an Internet based business and as such services depend on the reliability of the Internet which is beyond our control accordingly we do not tolerate communication that includes abuse, threats or offensive language for any reason and clients engaging in this communication which we in our indisputable opinion find offensive may cause the client's account to be suspended and or terminated without notice.
3.21 SupplyLink Software Licence Agreement
You should carefully read the following terms and conditions before using SupplyLink software ("the Software"). Your use of the software indicates your acceptance of this licence agreement (“the Agreement”) and disclaimer of warranty.
By installing and or using the Software, you agree to the following terms and conditions.
The Agreement grants you the right to run one instance (a single installation) of the Software on one web server and one domain for each single domain licence purchased. If your licence allows multiple domain installations, then you have the right to install the Software on as many domains as allowed by the licence you have purchased. All domains must be registered
with the Supplier's domain registration service.
The Software is © Copyright SupplyLink, and is protected by the copyright law of Australia and various international treaties.
You the may modify the software and associated database in line with
the Manual only. Any modification not made directly by you must be
made by our qualified staff, modifications made by any 3rd party
automatically deems any support agreement with the supplier null and
You may not use, copy, modify, translate, or transfer the Software, documentation, or any copy except as expressly defined in this agreement.
The Software is licensed to you. You are not obtaining title to the Software or any copyrights. You may not
copy, reverse engineer, sub-licence, rent, lease, or convey the Software for any purpose.
All 'Copyright' and 'Powered By' notices and links within the Software and documentation must remain unchanged and visible.
The data and services supplied by the Supplier are provided on an as is basis.
While every effort is taken to ensure that the Supplier accurately represents these products and services the Supplier does not offer any written or implied guarantee as to the performance or success of the information or services provided.
Testimonials provided are presented verbatim, we do require that any person provide us with substantiating information before we present their testimonials. While the testimonial may be accurate as of the time that they are provided the customer's results may vary over time due to changes in personal situations and or variations in the use of the data. While we will
endeavour to ensure that data is updated understandably we will not be held responsible for data that is not current.
Be advised that testimonials here illustrate results and unique experiences which may do not apply to other users, we do not promise, guarantee or imply that you or that your use of our data will improve your operation, raise your internet profile, or increase your revenues. As with any business, successful or unsuccessful use of our products will widely vary among our customers depending on many factors, including but not limited to, the customer's skill set, creativity, motivation, level of effort, individual expertise, capacity and talents, business experience, your cost structure and the dynamic market in which you compete. (e.g. just as a gym member may purchase a membership and not go to the gym).
For all these reasons, your purchase and use of our information, products and services should be based upon your own due diligence and judgment on how best to use our products. You should not view our company's products and services as responsible for any success or failure of your business; we provide a tool that you can use to try to improve the operation of your business. Your decision to purchase and use any information, products and services should be based on your own due diligence, and not on any representation that we make to you. The Supplier will not be held responsible for any success or failure if you implement the data and or information supplied.
4 Confidentiality, privacy and the Spam Act
4.1 Each party must take reasonable steps to keep the other party’s Confidential Information confidential, must not disclose such Confidential Information to any third party other than those of the party’s employees, agents and subcontractors who are reasonably required to receive, use and consider the information for the purposes of this Agreement, and must use such Confidential Information solely for the purposes of this Agreement. You acknowledge that we use third party subcontractors in the provision of the
4.2 Clause 4.1 will not apply to any information which a party demonstrates:
(1) is in or comes into the public domain (other than through breach of this Agreement or breach of confidence by any other person); or
(2) was already in the possession of that party prior to disclosure by the other party.
4.3 It is not a breach of clause 4.1 for a party to disclose Confidential Information to the extent that it is obliged by law or order of any court or tribunal to make such disclosure.
4.4 We may disclose any Content, records or information concerning your account or the
Services to the extent that we are obliged by law or order of any court or tribunal to make such disclosure, or as required to satisfy any request to do so by any government or law enforcement body, agency or authority.
4.5 Each party must return to the other party all Confidential Information of the other whether in written or tangible form or in any other media on the termination of this Agreement.
4.6 The parties acknowledge and agree that monetary damages alone would not be an adequate remedy for breach of this clause and, accordingly, each party will be entitled to seek injunctive relief to prevent breach of this clause 4 and to compel specific performance of it.
4.7 You acknowledge and agree that we and our affiliates may collect data in connection with the licensing and provision of the
Services, and may use information compiled from that data to govern this agreement, improve our products and
Services, and provide customized Services or technologies to you. This information will not be disclosed by us or our affiliates in a form that personally identifies you.
4.8 You must comply with the Privacy Act 1988, any other applicable Australian statute, regulation, code of conduct or law concerning privacy, and the Spam Act 2003.
5 Intellectual Property Rights
5.1 Other than the rights expressly granted to you under this Agreement, you have no right, title or interest in or to the
Services or any other information, data, software, code, material, hardware or content (Materials) developed, supplied or made available by us to you under or in connection with this Agreement. All right title and interest (including all Intellectual Property Rights) in and to the Services and the Materials are retained by and vest in us and our licensors.
5.2 Subject to clause 5.1, all right title and interest in the Content and any data generated by you as a direct result of using the
Services is retained by you.
6 Fees -
Invoices: The Initial invoice is generated upon placement of
the order and sent to the registered email address, after the
initial payment, an invoice is sent approximately 30 days prior
to the end of your current billing period. Invoices will be
emailed to the Client's registered email address, the registered
email address is the address that appears on the Order form
and shall be the Clients email address provided by their ISP
Internet Service Provider), "Free" email addresses
are determined unacceptable. All invoices are available online
via the Support Centre where they may be printed, if you require
your invoice faxed or posted an additional fee applies.
6.1 You must pay the Fees to us, as defined
on the Order form, the Due Date is the date shown on the
invoice, without any set off and free and clear of and without deduction or withholding for or on account of tax. If any tax is payable, the amount payable by you in respect of which such deduction or withholding is required to be made shall be increased to ensure that we receive the amount of Fees to which we would have been entitled had no deduction or withholding been made.
6.2 You must pay all Fees and any additional charges or amounts payable in accordance with your
purchase and the billing option selected by you, or if not
specified, in advance when billed by us.
The Package Amount is calculated as the total of the Account Setup
amount plus either the total installment amount calculated at a rate
of 12 equal installments at the agreed initial installment
rate as advertised at the date of purchase OR the Account Setup
amount plus the Pre-Paid amount as advertised at the date of
purchase. Establishment of this service is dependent upon receipt by the Supplier of the
Account Setup amount or the Order Process initial invoice amount. Payments are required by either Direct Deposit, Direct Debit or Credit Card and may be via an approved 3rd party processor as determined by the
Supplier within 3 days of purchase. Cleared payment must be received
by the Supplier by the Due Date. Your account details with the 3rd party processor must remain active and current. If
a payment fails Your account is deemed to be Overdue and Your account may be immediately suspended and advice issued by email to your registered email address on file with the Supplier.
If we receive advice from any financial institution that a payment
is in dispute or subject to charge-back your account will
immediately be suspended pending the outcome of the dispute. Overdue Fees immediately apply. If the Supplier is not advised within 7 days
that the amount has been successfully processed, then the Package Amount less
any amount cleared is immediately due and payable and you further
agree to pay
an Administration Fee of $500 plus Collections costs (calculated at 25% of the Invoice amount plus $50 Setup) which shall be added to the Invoice and deemed as the Final Invoice plus all reasonable Legal costs associated with the collection of the Final Invoice Amount.
6.3 Late payments are subject to a automatic late payment charge as detailed in our Knowledgebase Home > Payments. Without prejudice to our other rights and remedies, in the event that you fail to pay sums due under this Agreement within 3 days after the due date, we may suspend the provision of the
Services and a reactivation fee of $65 for reinstatement of the
Services applies. Overdue Accounts may have their service terminated after 14 days after the due date.
6.4 For the purposes of this clause 6:
(1) GST means GST as defined in A New Tax System (Goods and Services
Tax) Act 1999 as amended (GST Act) or any replacement or other relevant legislation and regulations; and
(2) words used in this clause 6 which have a particular meaning in the GST law (as defined in the GST Act), and also including any applicable legislative determinations and Australian Taxation Office public rulings have the same meaning, unless the context otherwise requires.
6.5 Unless GST is expressly included, the consideration expressed to be payable for any supply made under or in connection with this Agreement does not include GST.
6.6 To the extent that any supply made under or in connection with this Agreement is a taxable supply, the GST-exclusive consideration otherwise payable for that supply is increased by an amount equal to that consideration multiplied by the rate at which GST is imposed in respect of the supply, and is payable at the same time.
6.7 Each party agrees to do all things, including providing tax invoices that may be necessary to enable the other party to claim any input tax credit adjustment or refund in relation to any amount of GST paid or payable.
7 Term and termination
7.1 This Agreement commences on the date of acceptance by us of your Order, and continues until the expiry of the Term following the Activation Date, unless terminated earlier in accordance with these Terms and Conditions.
7.2 Termination for breach or insolvency
We may in our sole discretion suspend or terminate this Agreement and/or the
(1) you breach this Agreement; or
(2) you cease to trade; suspend payment of your debts generally; enter into or propose to enter into a voluntary arrangement or composition with your creditors, become insolvent, bankrupt or go into liquidation, or have a receiver, administrator, trustee in bankruptcy, liquidator or similar officer appointed in respect of all or part of your business or assets, or anything occurs analogous to the foregoing under the laws of the place where you are established or domiciled.
In the event of such termination, without limiting our rights and remedies, you will not be entitled to any refund of Fees paid to us.
7.3 Cancellation of Services
(1) Domain Name Registrations:
Any domain names purchased from us may not be cancelled prior to
their renewal date.
If a Domain Name is offered free as part of a Services package and the package is cancelled, any applicable refund will include the package price minus the Domain Name price.
(2) Hosting Services:
Within 30 days
For cancellations of web Services within 30 days of the Activation Date, Fees for the
Hosting Services will be refunded subject to a $99 cancellation fee. The $99 fee is used to recover the
set-up cost of the web Services. No refund of Fees is provided for email
Services and no cancellation fee is charged.
30 days or more
In the event of cancellation of Services 30 days or more after the Activation Date, no refunds are provided.
If packaged Services including a Domain Name, SSL certificate or other bundled
Services are cancelled, the cost of the Domain Name, SSL certificate and/or other service will be deducted from any applicable refund or, if not able to be deducted, charged to You.
(3) eShop Package
Pre-paid or installment eShop Package may be cancelled at any time provided all 12 installments
have been paid in full. No refunds are provided.
(4) Add-ons, Upgrades, Other Services
Once these Services are set-up by our staff, no refunds are
Subject to any refund of Fees as specified in this clause, in the event of cancellation by you of
Services, you must pay to us immediately upon such termination all Fees and charges due and payable under this Agreement, and a proportionate amount of any Fees and charges for the period up to and including the date of cancellation, in respect of which the Fees and charges are not yet due and payable.
To cancel Services you must open a ticket via our Support Tickets area. This allows us to verify your details before cancellation. We cannot accept cancellation via phone or email. It is the sole responsibility of the
Subscriber to cancel any subscriptions with any 3rd Party processors
and the Supplier shall not be held responsible for any negligence on
behalf of the Subscriber and should any dispute be filed due to the
Subscriber negligence and a response caused by the Supplier the
Subscriber agrees to immediate payment of an administration
7.4 Upon cancellation or termination of Services and/or this Agreement, all licences and rights granted by us immediately cease, and we will discontinue your access to and the provision to you of the
Services. The parties will make such arrangements as may be necessary for you to obtain the Content.
8 Warranties and Indemnities
8.1 Each party warrants:
(1) it has all right, title and authority to enter into this Agreement and to fully perform its obligations; and
(2) this Agreement is executed by a duly authorised representative.
8.2 You agree to indemnify and keep indemnified us and our agents, officers, employees and subcontractors against any and all claims, damages, costs, loss, liability or expense arising from or incurred in connection with:
(1) any breach by you of this Agreement;
(2) the Content or the Website or their use and operation by you or any other person;
(3) any products or Services sold or distributed by you or any other person involving or in association with the
Services or the Website;
(4) any claim that the Content, Domain Name or Website infringe the Intellectual Property Rights or other rights of any person; and
(5) your use of the Services in breach of any Law.
This indemnity continues after this Agreement ends or is terminated. It is not necessary for us to incur expense or make payment before we can enforce this right of indemnity.
8.3 Money Back Guarantee: Any refund in relation to our Money Back
Guarantee will be less the applicable domain name price, if
applicable and less any set-up and or web
hosting fees as advertised on the day of
purchase and the will be refunded by way of credit to your account and be displayed in your Account Credit
Balance accessible via the Client
9 Limitation of Liability
9.1 To the extent permitted by law, we exclude from this Agreement all statutory or implied conditions, warranties and indemnities.
9.2 To the extent permitted by law, our total liability to you arising under or in connection with this Agreement and in relation to any condition, warranty or indemnity which cannot legally be excluded is limited to at our option:
(1) in the case of goods the replacement of the goods or the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing the goods, acquiring equivalent goods, or having the goods repaired; or
(2) in the case of Services, supplying of the Services again or the payment of the cost of having the
Services supplied again.
(3) in the case of Software, supplying of the Software again or the payment of the cost of having the
Software supplied again.
9.3 Subject to clause 9.2, to the extent permitted by law and notwithstanding any other provision of this Agreement, we will not be liable for any direct, indirect, incidental, special or consequential loss or damages (including but not limited to loss of profit, opportunity, expectation, goodwill, data, content, revenue, pure economic loss and loss or damage to hardware or
equipment or software).
You may not assign or otherwise deal with this Agreement without our prior written consent.
This Agreement does not create or evidence a partnership, agency, joint venture or the relationship of employer and employee between the parties.
10.3 Force Majeure
We will not be liable to you for failure to fulfil our obligations if such failure is due to causes beyond our reasonable control, including, without limitation: acts of God; fire; catastrophe; governmental prohibitions or regulations; national emergencies; insurrections, riots or wars; acts of terrorism; strikes, work stoppages or other labour difficulties; or outage or failure of a communications network, any part of a network, any third party equipment, software or hardware (Force Majeure Event). The time for any performance required will be extended by the delay incurred as a result of such a Force Majeure Event.
All notices must be in writing and addressed to us at the address specified on the Supplier website
- Contact Us, and to you at the address as set out in Client Area -
Your Details - eMail Address and or Address.
10.5 Notices will be deemed to have been duly given:
(1) when delivered by email to the registered email address, and
error message is returned to the Suppliers email address
(2) when delivered by mail, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
(2) when sent, if transmitted by fax and a successful transmission report or return receipt is generated; or
(3) on the second Business Day following mailing, if mailed from within Australia to an address in Australia by ordinary mail, postage pre-paid.
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
10.7 Location and Severability: The TOS shall be construed in all
respects in accordance with the laws of the State of Queensland
Australia. If any part of the TOS is found to be invalid or
unenforceable by law, the remainder of the TOS will remain
enforceable and in full effect.
10.8 Entire Agreement and Variation
This Agreement sets out the entire agreement and understanding between us and you in connection with the subject matter of this Agreement. Each party has entered into this Agreement without relying on any representation by the other party or any person purporting to represent that party.
10.9 Subject to clause 2.7 of these Terms and Conditions, an amendment or variation to this Agreement is not effective unless it is in writing and agreed to by the parties.
10.10 Governing Law
This Agreement will be governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of
10.11. Dispute Resolution
(1) If a dispute arises in relation to these Terms of Service or
otherwise in relation to services or products you purchase through
SupplyLink, a party to the dispute must give to the other party or
parties to the dispute notice specifying the dispute and requiring
its resolution under this clause (Notice of Dispute).
(2) On receipt of a Notice of Dispute each party must negotiate in
good faith to resolve the Dispute within 14 days. If the Dispute is
not resolved within 14 days then the dispute will by this clause be
submitted to the Magistrates Court.
(3) The Court hearing must be conducted in Beenleigh, Queensland,
(4) The decision of the Court shall be binding and may be entered as
a judgement in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no judgement under this
Agreement shall be joined to any judgement involving any other party
subject to this Agreement, whether through class action proceedings
(5) This clause applies even where the Terms of Service are
otherwise void or voidable.
10.12 Revision to the TOS
We reserve the right to revise, amend, or modify the TOS at any time and in any manner. In such case the amended or revised TOS will be posted to our website.
You understand that changes to the TOS shall not be grounds for early contract termination or non-payment.
Legal: By your
accessing this web site you agree and understand that:
Information provided is provided "as is and where is"
without warranty of any kind, either express or implied, including
but not limited to, the implied warranties of merchantability,
fitness for a particular purpose and freedom from infringement.
Should you use or rely upon such information for your own purposes
you do so at your own risk and no liability rests with the Supplier.
Given the ever changing nature of the Internet & Computer
Industry no guarantee is given as to the accuracy of any information
presented, particularly after the date of publication.