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Terms& Conditions

TERMS AND CONDITIONS - PLEASE READ CAREFULLY

Definitions used within this document:

A 'Project' is any work undertaken or service provided by dizzinet for the Client on their request and as described in our confirmation order email to that Client.

A 'Client' is a person, persons, business or organisation using any of the services provided by dizzinet.

'Domain' is the website address as specified by the Client.

'Hosting' is a yearly cost to keep a clients website activated online.

' Go Live' means the date the website is available on the Client’s chosen domain.

'Content' is both text and images that the Client requires on the website.

'mb' stands for megabytes and is a measure of storage space.

This website at www.dizzinet.com.au (the "Site") is a registered trademark of Santa Fe Design Pty Ltd ACN (139 219 908) referred to herein as “diZZiNet or Dizzinet” ("we", "us"). This page sets out the Terms and Conditions under which you may use this Site (the "Terms"). Please read the Terms carefully. If you do not accept the Terms stated here, do not use this Site and service. By using this Site, you are indicating your acceptance to be bound by these Terms. The term "you" as used in these Terms refers to all individuals and/or entities accessing this Site for any reason.

User Agreement
This User Agreement ("Agreement") is an agreement between dizzinet, and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom dizzinet provides links or banners to promote the services or products of dizzinet or any third party the services or products of which are offered by or obtained through or in connection with dizzinet), resellers or others (i) who sign up for, use or obtain services or products from dizzinet or from any third party services or products of which are offered by or obtained through or in connection with dizzinet, or (ii) who visit the Web sites of dizzinet or of any such third party.

Signing up for the services creates a contract between you and us, consisting of the order, the applicable service description and this user agreement. You are agreeing to be bound by the terms of this agreement and all terms and conditions incorporated by reference in this agreement. Your use of the services constitutes acceptance of this agreement.

The contract between dizzinet and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

Email will be the method of contact with regard to all communication. The works to be carried out shall be as set out in the dizzinet confirmation order email.

Although dizzinet can be contacted by telephone, we will use email as our method of communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. dizzinet can not be held liable in any way relating to communication issues if we are not supplied a valid email address. dizzinet will acknowledge all emails within 3 working days.

dizzinet will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website. The website will be switched to Go Live once the Clients remaining balance is paid in full.

The deposit paid to dizzinet covers the cost of design work carried out as well as any admin work and communication with dizzinet. The deposit is non refundable.

dizzinet shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally.

It is important for the Client to keep in contact with dizzinet throughout the entire Project. If a Client does not make contact for 1 week we will make up to 10 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. Dizzinet reservers the right to take legal action to recoupe outstanding invoices remaining on the account should the project be terminated.

Where images used on the website have been purchased by dizzinet on behalf of the Client, these images are strictly for use on the website only. dizzinet are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.

The client agrees that the material developed by DizziNet, including (without limitation) the software, coding, administration panel, content management systems, (including trademarks) and layouts are owned by DizziNet and that DizziNet merely grants a permanent nonexclusive, non-transferable licence to the client for the use of the material. The client must not copy, modify or replicate the material developed by DizziNet, or create any other material using material developed by DizziNet, without obtaining prior written consent by DizziNet.

Images will have been purchased by dizzinet for the Client, unless the images have been supplied by the Client. Images purchased by dizzinet are licensed only for use on the client website. All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or dizzinet, they will be the sole responsibility of the Client.

diZZiNet will host the website if the Client chooses us to do so and on receipt of full payment of our Hosting fees. In doing so, dizzinet will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.

All standard hosting offered by dizzinet is limited to 300mb of website space unless otherwise stated in a seperate contract. If your site requires more than 300mb of space, you will be notified by dizzinet to increase the amount of mb to cater for your website. 100% Payment will be required immediately prior to the increase. If payment has not been received and you have exceeded your mb amount, your website will not be displayed live until payment has been received in full.

dizzinet cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by dizzinet.

Where asked to provide search engine optimisation for a Client, dizzinet does not guarantee any specific placement or high ranking on search engines.

dizzinet will provide the Client with an expected completion date for the Project (live on the internet) if requested. dizzinet will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of dizzinet is purely an estimate.

DOMAIN NAME REGISTRATION
Domain names will be registered by dizzinet on behalf of clients. The Client is the legal owner of the domain. The Client is to use the dizzinet domains portal to manage/change/update their details as well renew or allow ot expire a domain name held in their account.
It is the client's responsibility to do make relevant changes by loging into their domain management panel via http://www.dizzinetdomains.com.au/

A domain name can be registered at the request of a dizzinet staff member, however domain names are separate from web designing services.
The Client is responsible for checking the accuracy and correct spelling of the Client's domain name and its ownership entitlement as identified on dizzinet documents sent to the Client and will notify dizzinet within 24 hours of any corrections required.

Upon registration of the Client's domain name, the Client shall at all times comply with the terms and conditions for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the Client may become subject as a result of the provision of the Services by dizzinet.

The Client agrees to indemnify dizzinet, its employees and agents and shall hold them harmless from and against all loss, penalties, damages, liability, claims or expenses whatsoever arising from any claims by third parties as to ownership or other rights to use a domain name where one has been registered by or transferred to dizzinet or arising in any way by the Client infringing (whether innocently or knowingly) third party rights.   If a Domain name is purchased by the Client through a company other than dizzinet, the Client has full responsibility in making sure that the domain name is renewed when due. dizzinet will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than dizzinet.

It is the responsibility of the Client to renew their domain names when due. If a domain name expires, dizzinet can not be held liable for this.

Domain Name Fees:
Domain name pricing are subject to change without notification to the customer. Pricing of domain names as per 20th July 2014 is at $116.00 AUD ex GST Per Year.
Domain Names are registered for a minimum of 2 years.

LOSS OF DATA
dizzinet will take all reasonable steps to safeguard the dizzinet Servers and the data contained therein, however dizzinet will not be responsible for any loss of Client data stored or intended to be stored on the dizzinet Servers or back-up devices and the Client will not be entitled to any form of compensation from dizzinet in the event of loss of data.

INTERRUPTIONS TO SERVICE
dizzinet takes no responsibility for any delay, malfunction, non performance, or other degradation of performance of any of the Services caused by or resulting from any alteration, modifications or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied.

In the event of total systems failure resulting in the disruption of service to the Internet from dizzinet Servers, dizzinet will endeavour to repair and reinstate the service within 24 hours of detection depending on the severity of the failure.

If failure is caused by the Client or any agent or customer of the Client to whom access to dizzinet Servers was given, the Client shall pay all costs to reinstate and/or repair the Client server.

Web Development / Upgrades / New Websites

PAYMENTS: 50% DEPOSIT REQUIRED FOR ANY DEVELOPMENT, THEN PROGRESSIVE PAYMENTS TO BE MADE TOWARDS THE ACCOUNT ON A MONTHLY BASIS TILL COMPLETION OF DEVELOPMENT

dizzinet offers a range of web development services. For all websites, web development including Content Managed Websites (CMS) Ecommerce Development, dizzinet will require a deposit amount prior to commencement of 50% and final payments to be broken and paid on a monthly basis towards the account. Last payment to be paid on completion of website prior to launch.

Ecommerce Product Loading:
Product loading is the responsibility of the client there unless customer requires dizzinet to load products. Should the client require dizzinet to load products the client will be charged an hourly rate of $85+GST.

Client cannot withhold payment due to loading products. Loading products on an ecommerce website is separate from the development.

Should client not pay the outstanding amount of any account within 7 days of the due date, dizzinet will susped the clients entire account including websites under the account name as well as emails belonging to their respective web address.

Payments must be made via credit card or by bank transfers. Dizzinet will not accept any cheques as part of payment/s. Dizzinet reserves the right to suspend any accounts including hostng accounts belonging to the company or client in question.

Should a hosting account be suspended due to the non payment of any web development project invovled with that company, hosting will only commence when full payment for any oustanding amount on the particular account is made.

This applies to clients that are purhcasing a website upgrade, additional websites or new websites. Should any outstanding invoices belonging to a company not be paid, the company account involved will go into suspension until further notice.

Changes/Updates

Dizzinet will charge an hourly fee of $85+GST for all/any website changes, updates or additions.

The hourly rate excluding gst is effective of 31st July 2014.

Should the client require dizzinet to make additions, updates or changes to any website dizzinet will provide an invoice prior to the changes/updates whereby the invoice needs to be paid prior to the work being done.

Should the client request additional development including program development, application development for their websites other than what was provided wihin the agreement, dizzinet will provide the client with an invoice for the amount which will need to be paid prior to the development.

WEB/EMAIL HOSTING
When a Client renews Hosting with dizzinet , it is important for each client to ensure their domain name is still available.
A Domain Name is needed to keep the website and web hosting functioning. If the Client does not renew their domain name, their hosting and website will not be visible online however will still be operating.
An automated renewal for domain names is sent via the client platform found at www.dizzinetdomains.com.au when a domain is near expiry. It is up to the client to ensure that payment is made to avoid the domain being lost.


Renewal of Hosting

Web/Email hosting is due on a yearly basis.

Payment of your annual hosting must be paid no later than 7 days of the renewal due date.

Payments not received on or after the renewal date will go into a suspension made of the entire account. NO web/email hosting will be available till payment is made. 

Should payments be made 7days after the renewal date, dizzinet reserves the right to charge a reactivation administration fee of the web/email hosting account of $65+GST additional to the invoice amount.

If the Client does not use dizzinet Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.


Suspended Hosting Accounts

Should the annual hosting fee not be paid on or prior the due date, dizzinet reserves the right to suspend the clients hosting/(web and email) account.

Should payment not be made within 7 days after the expriy date dizzinet will charge and additional administration fee of $65+GST to reactivate the hosting account (web and email) This amount will be on top of the annual fee amount owing.

Once a hosting acccont has not been paid and is no overdue for more than 20 days. Dizzinet will cancel the web hosting (web and email) account and will delete all files attached to that hosting account.

This means all files, images, websites

 

Website / Hosting Support

Technical support for websites, ecommerce shop fronts, hosting, domain names, emails and any other technical support will be charged at a rate of $65+GST

Payments for support are required and charged at an hourly rate and must be paid.

Duration of this agreement.

This agreement commences on the date you sign up for the Service by:

  1. Emailing your approval to develop your website/host your website with DiZZiNet and/or;
  2. Signing and returning any agreement provided by diZZiNet which includes hosting of your website.

This agreement continues until either party terminates by 14 days notice in writing to the other party. On termination or expiry of this agreement for any reason:

  1. our obligation to provide the Service to you ceases;
  2. you must not attempt to use or access the Service after the date of termination;
  3. each party’s rights and obligations accrued prior to termination are not affected;
  4. we may delete all of your data from any storage media; and

If the Service Provider terminates the Service for any reason, then this agreement will terminate automatically. In that case, unless the Service Provider terminated this agreement due to failure by you or a User to comply with these terms and conditions, you will not be entitled to a pro-rata refund of any pre-paid hosting fees.

 

Server / Network Maintenance.

Scheduled Maintenance.

In order to keep its servers up to date, the Service Provider will perform scheduled maintenance to servers from time to time. We reserve the right to suspend access to the server during the time required for the scheduled maintenance.

The Service Provider will attempt to perform all scheduled maintenance at off-peak time. If the maintenance period is expected to last for more than 30 minutes the Service Provider will post a notice regarding the maintenance to its announce mail list.

Unscheduled Maintenance.

Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance will be posted after it is done.

Client Data and Data Backup.

Uploading Client Data

Except for intellectual property rights in the Client Data, the Service Provider and DiZZiNet will own all intellectual property rights created during the course of providing the Service.

Subject to this clause 3 and the Acceptable Use Policy, you and your Users may upload content that you wish to be part of your website, in the manner and form and at the times directed by DiZZiNet and the Service Provider from time to time.

You must ensure that all Client Data:

  1. complies with any content standards set by the Service Provider or DiZZiNet from time to time;
  2. complies with the Acceptable Use Policy;
  3. complies with all Laws; and
  4. does not infringe the intellectual property rights of any person.

the Service Provider and/or DiZZiNet may remove any Client Data it considers unsuitable.

Data Backup

It is your responsibility to maintain local copies of your web content and information. The Service Provider performs weekly snapshots of all server data and daily incremental backup of all system and Client Data. However, we strongly recommend that all users keep their own recent copy of their sites for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.

Hosting Plan

At the time that you sign up for diZZiNet Services, you will be provided with a website hosting service within your quotation. Each website hosting plan comes at a different cost, and offers a different level of service. The hosting plan provided for your website at the time will be the adequate plan suitable for the size of your website such as:

  1. disk space (web files, email and database);
  2. maximum monthly level of traffic usage before incurring extra traffic costs;
  3. number of domains, sub-domains and domain aliases;
  4. mySQL databases; and
  5. email mail lists,

that is included in the sales agreement provided to you.

No Resale

You must not resell the Services without our express permission. Reselling of the Services without our express permission will bring you into breach of this agreement.

Access to Account

Access to your account using the Service includes access to:

  1. your website; and
  2. FTP: files stored on the website/hosting account

The Service does not include access to the Service Provider’s hosting account.

You can obtain access to your account through the username and password that we assign to you. It is your responsibility to maintain the confidentiality of your username, password and other account information.

Technical Support and other Additional Services

The Fees include the provision of normal web hosting and server maintenance services.

At your request, we may carry out Additional Services for you, for example:

  1. technical support for application specific issues, such as PHP, html or script installation, email issues,  resetting of email accounts and any other issues involving web or email hosting.

You must pay for all Additional Services that you request at our then current Professional Rates.

Suspension or Termination of Account

We may monitor your account and the conduct of your account (but we have no responsibility to do so) to determine whether you and all Users are complying with this agreement.

We reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:

  1. we believe that your use of the Service may be in breach of any law;
  2. we believe that you or a User has committed a breach of this agreement;
  3. we believe that your use of the Service may compromise or have an adverse effect on our systems or networks, or the Service Provider’s systems or networks; or
  4. the Service Provider suspends or terminates your account.

If we believe that your use of the Service may be in breach of any law, then we may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.

You agree that you will have no claim against the Service Provider or DiZZiNet in respect of any action reasonably taken by us or the Service Provider under this clause 4, and you indemnify the Service Provider and DiZZiNet against any claim by a User arising out of the same.

Payment.

Billing.

At the commencement of this agreement, the following billing method is implemented:

  1. annual billing for the hosting fees applicable to your Hosting Plan;.

You must pay all Service charges, minimum charges and other amounts incurred by you or any User or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option you selected.

Fees.

You are liable to pay the following fees:

  1. the setup fee (if any) that we advise you of at the commencement of the agreement;
  2. fees for Excess Traffic Usage (if any) for each month, and
  3. fees for Excess Storage (if any) for each month,
  4. fees for Additional Services (eg: domains, SSL Certificates etc. If any) that you request us to perform,

collectively, the Fees.

The hosting fees are charged annually one period in advance. The Fees are exclusive of any registration or delegation charges imposed by dizzinet domains at www.dizzinetdomains.com.au. 

The fees for Excess Traffic Usage and Additional Services are charged and payment must be made prior to additional services, or increase of disc space prior to change unless other arrangements are made in writing with DiZZiNet.

At the time of purchase, the client will pay the setup fee (if applicable) and prepay a recurring amount for the selected hosting period annually. Charges for Excess Traffic Usage (web, ftp and mail) and Additional Services will be billed retrospectively, to the client at the time of change.

Changes to Fees.

We reserve the right to change our Fees without notice. The new fees will be available on the terms and conditions on the diZZiNet website.

Invoicing.

Your invoice will be sent to you at the time the payment is due. You must pay as indicated on the invoice sent to you from DiZZiNet.

We reserve the right to immediately terminate the Service of any account (hosting) if payment is not received timely.

The Service Provider and DiZZiNet are not responsible for data integrity on accounts suspended for non-payment.

 

Website Hosting Charges as from 31st July 2014

Web Hosting will be charged at $289.00 plus GST per Year.

Should a Client wish to move Hosting away from dizzinet or transfer a Domain name away from dizzinet, a $15.00 admin charge will be issued, which must be paid before the transfer takes place.

 

CONTENT
dizzinet has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute dizzinet endorsement, or approval of the website or the material contained within the website. dizzinet has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. dizzinet provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.

dizzinet are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.

dizzinet will take a 2.5% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept Bank Transfer. Dizzinet effective from 31st July 2014  cheques are no longer accepted as a payment method.
Zero Tolerance Spam & Leeching Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.

 We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.

The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage, as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a cleanup charge as the discretion of dizzinet. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. running an online store.

Without limiting the effect of any provision hereof, DizziNet will not be liable to make any refund to the client nor will it be liable to the client for damages if for any reason whatsoever outside the control of DizziNet services such as (without limitation) hosting, cpanel access, and domain registration are interrupted or disabled for any reason.

The client agrees that the material developed by DizziNet (WITHOUT LIMITATION) software, design, text, (including trademarks) and layouts are owned by DizziNet and that DizziNet merely grants a permanent nonexclusive, non-transferable licence to the client for the use of the material. The client must not copy, modify or replicate the material developed by DizziNet, or create any other material using material developed by DizziNet, without obtaining prior written consent by DizziNet.

DizziNet shall make reasonable efforts to provide the services stated in the terms and conditions, but reserves the right to make coverage in respect of any loss it might sustain if services become interrupted for any reason, including web hosting downtime.


Suspension
Dizzinet reserve the right to suspend your account if you have an outstanding invoice/account, your account is in dispute or if you are in direct violation/breach of any of the terms disclosed in this agreement.

If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.

 We reserve the right to pass your information onto a collections agency for debt recovery, if for 14 days your account remains unpaid.

We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where dizzinet has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.

We may investigate to recover any outstanding debts.

 

Changes to the Terms and Conditions
dizzinet reserves the right to revise its policies and pricing information from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions that can be accessed on our web site at any time.

Price Changes (including hosting, site updates, application development, web management fees)
We reserve the right to change prices for web hosting, email hosting, application hosting, domain name registration or domain name renewal, and the right to increase the amount of resources given to plans and continuous management including changes, updates, additions to a website, web application, android application, or ecommerce system.  It is the customers responsibility to ensure that they keep themselves updated with the price changes via our terms and conditions which is available through our website www.dizzinet.com.au.

Price changes in line with inflation, exchange rate movements, price increases based on economic value may be subject to change without notice. Hourly charge rates are set at $85 p/h as per effective from 31st July 2014

Bandwidth Usage / Disk Space
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. We will notify the customer via email to advise their hosting account has exceed their assigned limits. Should no response be made within 48 hours from the time notification has been sent via email, dizzinet reserves the right to suspend any hosting account that has exceeded the limit should payment not be made within 48 hours of notice. Should an account go into suspension, an additional charge of 25 dollars AUD be charge to unsuspend the hosting account.

Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

Unused transfer cannot be carried over.


Abuse Policy
dizzinet has a very strict abuse policy in place. As such, any abuse towards our staff will not be tolerated and any client, contact or contractor of the client, or authorised representative of the client found abusing or disrespecting any of our staff members may have their hosting account and/or services suspended or cancelled without notice.

Examples of unacceptable abuse:

  • Swearing towards or at dizzinet staff and/or its associates
  • Any disrespectful or defamatory comments against or towards dizzinet staff (this includes libel)
  • Bold or capitalised communications in the forms of but not limited to:
  • Emails
  • Phone communications, either by verbal direct or voicemail
  • Live chat transcripts or communications
  • Skype Live chat transcripts
  • Any other form of written or verbal communication with dizzinet any of its staff


Any client found performing any form/act of abuse towards our staff or any of its contractors or associates in accordance with the above policy is immediately subject to either cancellation or suspension of their hosting account/services with dizzinet. As such, if we nominate to cancel/terminate hosting, we will do so at our own discretion without notice and as such, your data can and is subject to complete removal from our server without any notification. No refunds or credits will be provided under these circumstances.

Any client found in breach of this abuse policy will be requested to Cease and Desist their actions immediately. Should actions continue upon our request to Cease and Desist, legal action may be sought against the client and all costs in doing so will also be sought upon commencement of legal action.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with dizzinet;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party;

(3) copyright infringement and

(4) any defective products sold to customers from dizzinet’s server. dizzinet does not guarantee uptime.

Disclaimer
dizzinet will not be responsible for any damages your business may suffer. dizzinet makes no warranties of any kind, expressed or implied for neither services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service availability. dizzinet disclaims any warranty or merchantability or fitness for a particular purpose. This includes, but is not limited to loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery, and any and all service interruptions caused by dizzinet and its employees

Limitation of Liability
IN NO EVENT SHALL DIZZINET BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DIZZINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Some states or territories may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or territories, dizzinet’s liability is limited to the full extent permitted by law. You agree that in no event shall dizzinet’s maximum aggregate liability exceed the total amount paid by you for the particular product or service in dispute purchased from dizzinet.

Force Majeure
A force majeure is defined as Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster even if caused by global warming, i.e., negative human activities that contribute to the destruction of the biosphere), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone service.

Where a Party is unable, wholly or in part, by reason of force majeure, to carry out any obligation under this Agreement, and that Party: (a) gives each other Party prompt notice of that force majeure including reasonable particulars, and, in so far as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; (b) uses all possible diligence to remove that force majeure as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations.

If after a period of six months, the force majeure has not ceased, the Parties shall meet in good faith to discuss the situation and endeavour to achieve a mutually satisfactory resolution to the problem

The requirement that any force majeure must be removed with all possible diligence does not require the settlement of general strikes, lockouts or other labour disputes or claims or demands by any government on terms contrary to the wishes of the Party affected.

Governing law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Australia and the State of New South Wales, as if the Agreement was a contract wholly entered into and wholly performed within the State of New South Wales. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the Australian Court for New South Wales, or if there is no jurisdiction in such court, then in a state court in Sydney, New South Wales. You consent to the personal and subject matter jurisdiction of any state or Federal court in Sydney, New South Wales in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.