Initial Term

– The licence term will commence on the agreement date and continue for a period of twelve (12) months from site completion. After this period this agreement will continue until either party terminates by giving one month’s written notice.

Monthly Support and Hosting

– Payment shall be made by automatic payment monthly in advance. Where an account is unpaid for more than 14 days the Supplier (Netpoint Group Pty Ltd) may suspend or disconnect our service.

Discount for Upfront Payment

– To maintain any discounted terms offered, payment is due when the contract is signer and must be paid in full no later than 7 days from the date of this contract. Unless otherwise stated all quotes also expire 7 days after the contract is signed, if the contract remains unpaid.

Intellectual Property (IP)

– The Supplier owns all the IP in relation to its core product range. The website runs on the custom Netpoint Group platform (WordPress) and is therefore not transferable to a third party hosting solution. The customer owns all the IP in relation to its content (text, images supplied, videos).

Project Deadlines and Customer Obligations

– All project timelines and deadlines are subject to the full co-operation of the Customer. Unless expressly stated work will not commence until the first payment is made. The customer needs to provide prompt feedback on design concepts, and be efficient in the provision of website content if deadlines are to be met. Project or website completes the work, or the website goes live. In the interests of good faith, the customer undertakes that they will not delay ant project payment due to delays they have caused in providing design sign off, content, or final approval to go live.

Cancellation

– Any Customer who wishes to cancel the agreement during the Initial Term shall be liable to pay the total amount owing within the Initial Term. The Supplier may cancel or suspend this agreement at any time without notice and without any liability to the Customer where the customer is in breach of the terms of this agreement. Where cancellation of the contract is sought before any payments are made, a cancellation fee equal to twenty percent (20%) of the gross value of the contract will be due and payable.

Liability

– The Supplier is not liable (whether in contract or tort) to the Customer for any loss or damage, including consequential damage and loss of profits, caused directly or indirectly from the provision of the services supplied under this contract. The customer is responsible for ensuring that they have adequate copyright for all content, including images on the website. While the Supplier may act on the Customers behalf to secure images for the website, the responsibility for their legal ownership or right of use rests solely with the Customer. In the event that any limitation provision in this agreement is held to be invalid, any liability on the part of the Supplier shall be limited to the value of the contract price.

Warranties

– The Supplier will use its best endeavours to provide continuity of service but is not liable to the Customer for compensation of any kind for any disruption to the service whether caused through the fault of the Supplier or otherwise. The Supplier makes no warranty or representation as to the suitability of Netpoint Group ’s products for the Customer’s purposes. The Customer enters into this agreement reliant solely upon its own judgement.

Alterations and Maintenance

– The Supplier is entitled at any time and without prior notice or liability to the Customer to alter Netpoint Group  products in the course of its ongoing product development. The Supplier reserves the right to monitor the traffic moving through the internet system for the purpose of fault finding and system performance analysis.

Force Majeure

– The Supplier shall not be liable for any failure or delay in performance under this agreement where such failure or delay is caused by matters beyond the Suppliers control.

Assignment

– The Customer may not transfer or assign its rights under this agreement without the prior agreement of the Supplier, agreement to such a transfer or assignment will not be unreasonably withheld.

Prohibited Website Content / Use –

1. Websites that have Adult Material of any sort, including links to adult websites are strictly prohibited. “Adult Material” is defined as pornography, nudity and sex-related merchandising.
2. MP3 files are prohibited from the Supplier’s web servers unless expressly permitted in writing.
3. Links to adult websites, MP3 sites, warez sites, or hacking websites.
4. Websites promoting illegal activities, including, but not limited to, warez, hacking, serial numbers, cracks, or information which violates any local, State or Federal Australian laws.
5. Websites whose primary purpose is file distribution or mirroring another website.
6. Sending unsolicited e-mail, or “spam” through the Supplier’s e-mail servers. This includes promoting a website hosted by the Supplier through unsolicited e-mail, regardless of whether or not the unsolicited e-mail is sent through the Supplier’s e-mail servers or not.

Websites found to be in violation of this policy are subject to account termination without notice. Any account terminated under this clause during the minimum period shall be liable to pay the total amount owing within the Initial Term of this agreement.

Copyright Material

– Materials distributed on your website cannot infringe upon another group’s copyrights. This especially includes distributing copyright software, or “warez”, also know as pirated software, MP3 files which usually consist of copyrighted music, and Emulators/ROMs. Please ensure that your website consists of your own work and none of the contents on your website do not infringe upon anyone else’s copyrights.

Variation of Rentals and Governing Law

– The Supplier reserves the right to vary the monthly licence payments at any time to reflect the introduction of, or change in the rate of any Goods and Services Tax or similar Government charges. This Agreement is governed by and shall be construed in accordance with the laws of New South Wales, Australia.

Agreement that Netpoint Group  may seek consumer credit information (Section 18K(1)(B), Privacy Act 1988) If Netpoint Group  considers it relevant to assessing this application for commercial credit, I/We agree to Netpoint Group  obtaining from a Credit Reporting Agency a credit report containing personal credit information about me/us in relation to commercial credit provided by Netpoint Group . I acknowledge that by signing this agreement, I am entering into an agreement for a Netpoint Group  Business Website and that I have read and accept the terms and conditions of this agreement. It is the policy of Netpoint Group Pty Ltd that any information supplied by you, your clients or any associated business will remain private and will not be passed on in any form to a third party unless required by Government Legislation.