Members, Clients Agreement
For the purpose of this agreement the term "Client" will refer to
clients and members of Autofind.com.au. Autofind.com.au Web Site Solutions and
Karanda Holdings P/L. Also for the purpose of this agreement the term "Service
Provider" will refer to Autofind.com.au., Autofind.com.au Web Site Solutions
and or Karanda Holdings P/L.
The "Service Provider" may update the terms and conditions contained in this agreement at any time. It was last updated on 5th January 2005.
This agreement for services will continue and be automatically renewed. Perpetual
billing will be carried out for the service selected by the client. The "Service
Provider" or their billing subsidiary company will send out the invoice
before the due date for the renewal of the service being supplied. The amount
of the tax invoice must be paid no later than the due date, if the payment is
not received by the due date the client will agree for the amount to be debited
to their credit card, which details where previously supplied by the client.
This will be done on the last working day closest to the due date. If a client
wishes its charges not be automatically deducted from their credit card a declaration
in writing must be received by the "Service Provider" with the alternate
method of direct periodical payment.
The minimum period for any "Service Provider" service to any client
is 12 months.
Termination
Unless otherwise stated in this agreement the "Service Provider" may
withdraw its services to a client as soon as a payment is not received or the
client seems to breaches this agreement in any way. The client must give a minimum
of 90 days (one quarterly billing period) notice in writing, that they wish
to terminate the agreement for services. The minimum period for any service
provided by the "Service Provider" is 12 months all fees due must
be paid in full before the due date. Termination of the client's services will
be actioned by the "Service Provider" after failure to pay.
The "Service Provider" will refund to the billing client any unused
prepaid hosting of service amounts held less any set up costs, third party fees
and charges, administration fees and charges and or upgrade fees.
Standards Expected to be an Autofind.com.au Member
Autofind.com.au Members must carry out good business conduct when dealing with
customers and suppliers. They must always work within the rules and standards
of the industry and common law.
A members business must supply services and or products where the majority of
customers surveyed would consider them to be above industry standards.
Businesses already recognised by a notable industry body that reflects Autofind.com.au's
members standards in regard to quality and ethical dealings may not require
further inspection before being granted membership.
If a business seeking Autofind membership is not already recognised by a notable industry body or known to the principles of Autofind.com.au or Karanda Holdings P/L, or their industry contacts the business applying for Autofind membership must be recommended and or recognised by a customer and someone else in the trade or be nominated by another Autofind.com.au member.
Any principle of a business or business that faces any charges in any court
or hearing in respect to poor or improper dealings in business or with a customer
or supplier will be temporarily removed from Autofind.com.au website search
until their name is cleared and written proof is submitted and accepted by Autofind.com.au.
Termination of service agreement may be terminated should a client be found
to have breached the expected standards of Autofind.com.au members.
Lawful Compliance
The client will use the services offered by Autofind.com.au in a manner consistent
with all applicable Local, State, Territory, Federal and International laws,
treaties and regulations.
Disclosure of Services and or Products for and by Members
The "Service Provider" demands that a client makes sure all customers
are fully aware of the services and products offered before sale or contract,
especially where it is required by law or any statuary body to offer service
and or product disclosure.
The "Service Provider" will not be held responsible in any way for
clients or consumers that doesn't provide, read or understand any or all of
a product and or service disclosure.
Prohibited Publication of Certain Material
The client shall not submit to or via the "Service Provider" the following:
a) any material which violates or infringes any copyright, trademark, trade
secret, patent, statutory, common law or other proprietary rights of others;
b) any material that is libellous or slanderous;
c) any material which is or contains anything obscene or pornographic
Any violation of the above may result in termination of the client's service.
Confidential Information/Privacy
Due to the public nature of the internet, material posted on clients web pages
is considered publicly accessible. The "Service Provider" makes no
warranties as to the accuracy of information that appears on a clients web sites
& or web pages. All endeavours to ensure information is accurate will be
made.
Indemnity and Service Continuity
The "Service Provider" does not represent or warrant that the client
will receive continual and uninterrupted services and the "Service Provider"
shall not accept any liability whatsoever in contract, tort or otherwise to
any party in respect of any loss or damage what so ever arising out of the provision
of the service. Any inaccuracy or error or omission from any part of the service
or a client's inability to use the service and information contained therein.
The "Service Provider" will not be liable for any refunds or continuation
of a service that is stopped, cancelled or no longer supported by the "Service
Provider" or its partners, associates or third party suppliers of any services
which where originally supplied by the "Service Provider" or any of
its representatives.
The client agrees to indemnify the "Service Provider" from and against any and all claims, losses, liabilities and expenses (including solicitors fees) related to or arising out the services provided by the "Service Provider" to the client under this agreement, including customers of the client related to any false claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, or for any content publishes by the client using the services.
Periodical Circulars
The client agrees to remain on all mailing and email lists and receive periodical
circulars from the "Service Provider" or any partners and suppliers
for the group.
Password
The client is responsible for the security of their username and password. Please
keep it confidential.
Taxes and Charges If any taxes and or charges are increased or introduced
on services supplied by the "Service Provider", these charges will
be passed on to the client. All prices published by the "Service Provider"
are in Australian dollars and include GST unless otherwise stated. The pricing
of hosting and enhancements does not include development, construction of images,
logos, web links or coding. Text upgrades are calculated on the material being
supplied by email, where the text article can be copied and pasted for the client.
Images for clients enhancements are priced on photographs being supplied as
originals by post or jpeg format type images emailed to the "Service Provider".
Web Site Development charges are calculated on the client supplying all text
and images for all pages, additional development fees will be charged to the
client if this needs to be done by the "Service Provider" or a contracted
third party.
Admin fees are those fees that apply to a clients where the Administration Dept
carry out clerical work for the client.
Set up fees are those fees incurred by a client for work carried out by the
"Service Provider" for work that is needed or requested so that the
client can gain a presence, on-line or otherwise. Specials and Bonuses only
apply to an initial purchase or period of a service to a new client of the "Service
Provider" or a new service to an existing client and only applies if the
services are paid for at the same time. Only a Commission or a Spotters Fee
is paid to a single person or business for the same referral of a new web site
service.
Waiver
Any party's failure to insist on compliance or enforcement of any provision
of this Agreement shall not affect its validity or enforceability or constitute
a waiver of the future enforcement of that provision or of any other provision
of this agreement.
Autofind Members Enhancements
Image enhancement fees advertised are calculated on the images being supplied
by email or post , then scanned, cropped and uploaded to the Members Autofind.com.au
web site. Image enhancement does not include design, development or creating
any image. Image enhancement refers to the web site being enhanced with members
images not enhancing images for members.
Web Sites Development, Updates and Maintenance
Web Site developments are priced that the client will host the web site with
the "Service Provider" for at least the minimum period of 12 months
and supply all images and text for the development of the web site, otherwise
additional costs will be payable by the client. Web site updates and maintenance
agreements are part some "Service Provider" agreements or hosting
packages, this is only for basic text and photo changes and is based on a maximum
of 6 separate changes per 12 months. Other types or extra changes or updates
will be charged at the rate specified by the "Service Provider" at
that time.
Autofind Domain Names & Autofind Email Addresses
Autofind.com.au maintains control and any ownership of any and all Autofind.com.au
URLs and email addresses that may be assigned to the client at the sole discretion
of Autofind.com.au. Autofind.com.au Administration has the sole discretion and
the right to charge for, change or remove any and all addresses of a client
at anytime.
Service Refusal
The "Service Provider" retains the absolute and unfettered discretion
to approve or refuse the provision of the services used by the client.
Severability
Should any part of this agreement be or become invalid, that part shall be severed
from this agreement and such invalidity shall not affect the validity of the
remaining provisions of the agreement.
Promotions, Bonuses, Specials and Rewards
Conditions apply for bonus offers, specials, rewards and promotional offers
which may be offered from time to time by Karanda Holdings P/L, Autofind.com.au
or any of the Businesses that are an Affiliate Partner or Preferred Supplier
of Karanda Holdings P/L and Autofind.com.au, these conditions are:
- The Directors of Karanda Holdings P/L have the final and undisputable decision
on any results.
- No more than one bonus offer, special, reward or promotional gift or prize
can be used by the same person, business or company on the same service or product.
- The value placed on any Bonus, special or promotional gift or prize is not
redeemable for cash or credit unless clearly stated.
- Winners of a competition will be notified by email and if the prize is not
claimed or collected within 60 days the prize may be redrawn.
- The value of all bonus offers, specials, rewards and promotional offers are
in Australian dollars and include GST unless otherwise stated.
- The value of the bonus offers, specials, rewards and promotional offers is
the value at the time of publication and may vary at the time of collection.
- The value stated on all Bonus offers, specials, rewards and promotional offers
on Web Site Hosting, Domain Name Registration or Pointing any based on the normal
retail rate for a service and will be of a lesser amount if the bonus offers,
specials, rewards and promotional offers are claimed buy someone that is already
receiving a special or discounted services.
Autofind.com.au and Karanda Holdings Pty Ltd Members and Clients Agreement
© All Rights Reserved.
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