TERMS AND CONDITIONS
COMMENCEMENT, DURATION AND TERMINATION
1. This contract commences on the Commencement date and shall continue until terminated by the Client on 90 days notice to PerthSEO. Any notice of termination by the Client may only take effect after expiry of the Initial Term of the contract.
2. PerthSEO may terminate your account at its sole discretion in the event of serious breaches such as activities of an illegal or fraudulent nature, or
any activity considered not in keeping with the 'goodwill' of the service. These include but are not limited to:
(a) Spamming (sending unsolicited advertising electronic mail)
(b) Downloading or storing of content that could be deemed 'NC' by the Australian Broadcasting Authority (ABA) or prosecutable under Australian
Law. This includes things such as illegal software, software cracks and pornography.
(c) Obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements or material which violates the privacy
rights or property rights of others, or is likely to be defamatory of another person.
3. PerthSEO reserves the right to terminate the connection/account at any time if the service is used in a way in which PerthSEO deems inappropriate.
LIMITATION OF LIABILITY
4. PerthSEO will not be responsible for any pre-recorded, registered, patented or copyrighted sounds, music, text, images etc that the client wishes
to utilise on their website. This is at the sole risk of your company. You should seek independent legal advice if you are unsure. PerthSEO will not be
liable, professionally or legally for any content of the website.
5. Whilst all care is taken with system security, PerthSEO will not accept responsibility for loss of data or security problems. This includes any loss that
could otherwise be deemed an 'Act of God'. PerthSEO aims to take all the care needed to prevent this, but takes no responsibility should this occur.
6. PerthSEO provides no guarantee regarding the availability of the service. The client indemnifies PerthSEO against any losses by the client resulting
from any failure or non-availability of service.
7. PerthSEO provides no guarantee regarding placement of search engine positions but will strive to achieve maximum exposure for its Client.
8. PerthSEO provides no guarantee of search engine registration, website functionality or statistics where the service is hosted externally.
PAYMENT BY THE CLIENT
9. The Client shall make payment to PerthSEO in respect of the Services as follows:
a. The Deposit on the Commencement Date;
b. The Weekly Payments shall be paid monthly in arrears on the last day of the month, commencing from the month in which the Commencement
date occurred and monthly thereafter;
c. The Weekly Payments shall be paid by way of a direct debit in accordance with the provisions of the Direct Debit Request Service Agreement
entered into between the parties simultaneously with this contract;
d. Interest on any defaulted payment of 15% per annum;
e. GST and Stamp Duty applicable to this contract in accordance with the relevant legislation.
DEFAULT
10. a. The Client shall breach this contract should it fail to comply strictly with its obligations arising from this contract.
b. In the event of a breach by the Client of this contract the aggregate amount of the Weekly Payments for the unexpired period of the Initial Term
shall, without notice to the Client and without prejudice to any other rights PerthSEO may have as a result of the breach, become immediately due
and payable
c. In the event of a breach by PerthSEO of its obligations in terms of this contract, the Client shall give PerthSEO written notice, specifying detail of the
breach and requiring PerthSEO to remedy such breach within 30 days from date of such notice.
ASSIGNMENT OF RIGHTS
11. PerthSEO may assign or sell its rights under this contract at any time and without the consent of the Client. The Client may not assign its rights
under this contract except with the consent of PerthSEO in its absolute discretion.
DISCLAIMER
12. a. PerthSEO or its assigns shall not be liable to the Client or Guarantor for any damages (whether consequential or not) or loss incurred as a result
of its use of the Services provided by PerthSEO in terms of this contract.
b. The Client indemnifies PerthSEO against any claim by a third party for any damages (whether consequential or not) or loss incurred as a result of
the use by the Client of the Services provided by PerthSEO in terms of this contract
GUARANTEE TERMS AND CONDITIONS
13. In consideration of PerthSEO, at the request of the Guarantor, entering into this contract, the Guarantor unconditionally and irrevocably
guarantees to PerthSEO the due and punctual payment of all amounts which may become due and payable to PerthSEO by the Client directly or
indirectly pursuant to the terms of this contract and any variation thereof and the due observance and performance of all the Client's obligations
pursuant to this Contract.
14. This guarantee and indemnity is a continuing guarantee and is irrevocable and will remain in full force and effect until all amounts due by the
Client to PerthSEO in terms of this contract (including extensions hereof) has been paid.
15. The indemnity given by the Guarantor in this deed is a principal obligation so that PerthSEO may proceed against the Guarantor without first
having proceeded against the Client or any other person
16. The 'Client' agrees to pay all charges as incurred through usage of the account + GST within the specified period. Failure to do this may result
in the account being suspended and a 'late fee' or 'set-up fee' + GST incurred. For direct debit methods such as credit cards, your bank account is
automatically debited for the amount outstanding + GST and a tax invoice is submitted to you.
17. We reserve the right to charge a processing fee for hard copy tax invoices or any fees including bank fees that we may incur during processing
your account.
CONTENT
18. All content material will be provided by the Client within seven days of initial request by the PerthSEO Project Manager. Failure to provide the
content material within the seven days may result in a delay in production but without any alteration to the specified payment terms. If for any
reason the Client requests a re-write or amendment to any client provided text an additional charge of $100. 00 per web page will be charged.
19. All work in progress and/or completed work remains the property of PerthSEO until all outstanding monies have been paid in full.
WEBSITE PRESENTATION
20. Upon presentation and inclusion of all images and text (as supplied with starter kit) and after all functionality has been installed (in terms of the
signed contract) the site is deemed complete and the Client will have seven days to advise of any changes. Failure to notify PerthSEO within the
seven days will result in the contract being considered duly completed with all outstanding monies becoming immediately due and payable.