2.
Costs and Payments
2.1 You must pay all charges as set out in the
Web Plan. As prices quoted on Netvantage Internet material may
change at any time without notice, please check the price on
your Web Plan before confirmation.
2.2 You will remain liable for all fees during
any period when Services have been discontinued or suspended
due to a failure on your part to comply with these terms and
conditions..
2.3
You will be invoiced as agreed in your Web Plan. All accounts
are payable within 7 days of invoice.
2.4
You are liable to pay overdue interest at 5 % /week on any
amounts not paid within 7 days of invoice. All intellectual
property rights remain with Netvantage Internet until payment.
2.5
You must pay Netvantage Internet's charges without any set
off, counter claim or deduction unless same is agreed in writing
between us.
2.6
Netvantage Internet reserves the right to prioritize early
paying clients and to charge urgency fees for turnaround within
3 working days. (VIP status)
2.7
Agreed Costing is conditional on your supplying data required
for a Website Stage or completion deadline agreed within 10
working days of confirmation of Order. Netvantage Internet reserves
the right to revise costings if that condition is not met in
line with charges applying at the relevant time.
3.
Limitation of Liability
3.1 All terms conditions, warranties, undertakings inducements and representations,
whether express or implied, statutory or otherwise relating
to the provision of services by Netvantage Internet not contained
in the Agreement are excluded and Netvantage Internet WILL NOT
ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL
LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE)
WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY
OR INDIRECTLY with respect to the service.
3.2 Where any applicable legislation implies any term, condition or warranty
into the Agreement or in respect of Netvantage Internet's relationship
with you, or otherwise gives you a particular remedy against
Netvantage Internet and the legislation or any other legislation
renders void or prohibits provisions excluding or modifying
the application of, exercise of, or liability under such implied
term, condition, warranty or remedy will be deemed to be included
in the Agreement or as the case may require apply to the relationship
between Netvantage Internet and you. However, Netvantage Internet's
liability for any such breach of such implied term, condition
or warranty or under such remedy, will be limited, at Netvantage
Internet's option, in any one or more of the ways permitted
in that legislation, including, where so permitted if the breach
relates to Services the supplying of those services again or
the payment of the cost of having those Services supplied again.
3.3
You acknowledge that web sites cannot be guaranteed to be 100%
error free in construction and acknowledge that the existence
of errors falling short of a complete failure of consideration
in the site shall not constitute a reason to terminate this
agreement.
4.
Suspension of Services
4.1
Netvantage Internet reserves the right to suspend services
in any case where you fail to perform your obligations under
this agreement or your usage exceeds aceptable usage limitations as judged by Netvantage. If payment for services is not received within
the terms of payment stipulated by us websites may be taken
down until payment is confirmed.
4.2
Netvantage Internet may from time to time and without notice
or liability to you suspend any of the services if the reason
for doing same is an event beyond the reasonable control of
Netvantage Internet.
5.
Termination
5.1
Netvantage Internet may discontinue services if an amount payable
to Netvantage Internet is overdue or take down a website permanently
in any case where an amount payable
is overdue by more than 7 days. In any such event, you
remain liable for the total cost of the contract including all
disbursements; unless otherwise agreed between the parties.
6.
Contents of Web Pages and Undertakings
6.1 You will be solely responsible for the content of your Web Page. Netvantage
Internet is not responsible for proofreading the content of
site unless specifically agreed.
6.2 Netvantage Internet makes no representations to you concerning the
content or functionality of your Web Site. This is your responsibility
to ensure that it meets your requirements.
6.3 If you provide Netvantage Internet with goods, material, photographs,
film, data or information to be used in any form, you hereby
warrant that these do not infringe the rights of third parties and indemnify Netvantage
Internet against any action taken against Netvantage Internet
by any such third party.
6.4
Without limiting the generality of the foregoing, you agree
not to infringe the copyright trademark, privacy or personal
or proprietary rights of third parties, supply libelous, abusive,
obscene material or disparage the products or services of any
third party.
6.5
Netvantage Internet for its part hereby undertakes not to knowingly
infringe the rights of third parties in activities conducted
on your behalf.
6.6 You are solely responsible for dealing with persons who access your
data or webpage and warrant that you will not refer complaints
or inquiries in relation to such data to us.
7.
Technical Support, Changes and Maintenance
7.1 Technical assistance
via telephone or email will be offered. Extensive queries taking
more than 15 minutes to deal with or site maintenance will be
charged at hourly rates. See particulars of hourly rates in
our ">Fee Schedule. Site updates will
be billed in an half-hourly increments.
8.
Web Hosting
8.1
If you choose to organise your web hosting arrangements yourself,
final exported sites will be uploaded to your preferred host
company at the cost set out in the ">Fee
Schedule section on our web page. Construction files of
the site can be supplied on request at the Fees set out in the
">Fee Schedule.
8.2
Please note that Netvantage
Internet accepts no responsibility for delays or down time,
breakdowns or data loss caused by Internet Service Providers
(ISPs)
9.
Dispute Resolution
9.2 Attempts to resolve
the dispute must follow the following procedure:
a)
The person complaining shall set out in writing the background,
the issues and the outcome desired.
b)
The person to whom the complaint is addressed will reply in
writing within 10 business days to each issue in dispute setting
out its perspective on the issue and the outcome desired.
c)
If the dispute is not resolved in accordance with this exchange
of written issues and outcomes, then the complainant will raise
the matter with a neutral professional adviser or Alternative
Dispute Resolution (ADR) provider listed in a relevant publication
of the Department of Workplace Relations and Small Business
or similar government department within 10 business days.
d)
If the dispute is not resolved in accordance with such reference,
the matter shall be referred to a single agreed arbitrator within
10 business days; whose decision shall be final.
e)
In the case of disagreement on the appointment of a single
arbitrator, then the parties shall be entitled to nominate one
independent arbitrator with 7 days of disagreement and a coin
will be tossed by an independent person to decide which will
act as arbitrator of the dispute.
f)
Action taken to settle the dispute at each stage must be undertaken
promptly and the parties shall equally share the costs associated
with the this dispute settlement procedure.
10. Intellectual Property
10.1
All creation files remain the property of Netvantage Internet.
10.2
Netvantage Internet retains the Copyright in and the right
to use all artwork created in advancing the profile of Netvantage
Internet and to be recognized for artwork created by Netvantage
Internet.
10.3
Netvantage Internet shall be free to reproduce, use, disclose
display exhibit, transmit, perform, create derivative works,
and distribute any item from your Web Page unless specifically
agreed otherwise. Further, Netvantage Internet shall be free
to use any ideas concepts know-how or techniques acquired in
construction of sites for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing products
and other items incorporating such information unless specifically
agreed otherwise.
10.4
Netvantage Internet observes Privacy Laws and Guidelines relating
to personal data.
11. Search Engine Placement
11.1 Whilst
we will try to improve the position of your Web Site in the
Search Engine results in response to a search request, we do
not warrant that this effort is in any way guaranteed.
11.2 We
cannot be held responsible for any changes to the position
of your Web Site in the Search Engines results in response
to a search request.
12. General
12.1
If any of these terms and conditions (or part of them) is void
or unenforceable, it is taken to be removed and no longer forms
part of the Agreement between us. The remaining terms and conditions
remain in full force and effect.
12.2
Written communications between us may take the form of letters,
formal documents, faxes or emails.
