Terms & Conditions
EARTHLINK ALLIANCE PTY LTD – TERMS AND CONDITIONS OF SERVICE
1. For the purposes of these terms and conditions and any quotation incorporating same the following definitions shall apply:
a) “EA”: EARTHLINK ALLIANCE (ABN 81 553 995 202) the registered office of which is in the State of Victoria in the Commonwealth of Australia and its Transferees and permitted assigns.
b) “the Customer”: The party to whom any EA quotation incorporating these terms and conditions of sale is addressed and its Transferees and permitted assigns if the Customer is a company or the respective heirs, executors, administrators and assigns of any party to this Contract who is not a company.
c) “the goods”: The products or services specified in any EA quotation incorporating these terms and conditions of sale.
d) “GST”: The Goods and Services Tax imposed by Government. The Contract is to be treated as taxable for the purpose of GST.
e) “Confidential Information”: any and all technical and non-technical information and proprietary information.
2. Unless otherwise stated within the quotation, any quotation given by EA shall remain valid for acceptance by the Customer for a period of fourteen (14) days from the date stated on such quotation. The quoted price and the final invoice amount are not guaranteed to be the same, depending on additional work carried out by EA as part of the service. All additional work to the quote will be approved by the Customer prior to commencement.
3. The terms and conditions of the quotation, any specifications referred to therein and these terms and conditions shall together constitute a Contract (hereinafter called “the Contract”) and shall constitute the entire understanding between the parties with respect to the subject matter thereof and shall supersede all previous communications, representations, understandings and agreements whether oral or written between the two parties. Any representations, promises or conditions not contained in the quotation shall not be binding on either party unless and until accepted in writing by EA. EA shall not be bound by and hereby rejects any terms listed on the Customer’s orders or forms that are at variance with or in addition to the terms of the quotation.
4. Unless otherwise specified in the quotation, trading terms are NETT 7 DAYS FROM DATE OF EA INVOICE. Payment in Australian Dollars should be made by telegraphic transfer via CBA, BSB 063-464, Account 10958156, for the credit of EARTHLINK ALLIANCE PTY LTD. Any bank charges incurred by EA in direct transfer of funds are payable by the Customer. EA will only accept payment in the form of cheques, bank cheques, cash or direct transfer to EA’S account as hereinbefore set out. Accounts that remain outstanding for more than 30 days will result in a suspension of works on all projects for the Customer until the outstanding account is paid in full.
5. All prices quoted in the quotations are exclusive of GST unless otherwise specified in the quotation. GST shall be payable by the Customer on all taxable goods and services.
6. Payment terms are as stated in the proposal.
7. Usage rights to the goods will pass to the Customer only when EA has received all payments under the Contract.
8. EA reserves the right to utilise any and all designs, artwork, photographs, sketches, or any other promotional or advertising material developed by EA for the Customer, in the EA portfolio. EA shall not use products or services it has developed for the Customer for any competing business within the same industry for a period of at least 6 months after ceasing contractual work with the Customer.
9. EA will use the Confidential Information solely to perform its services for the benefit of the Customer. EA agrees that it shall treat all Confidential Information of the Customer with the same degree of care as it accords to its own Confidential Information, and EA represents that it exercises reasonable care to protect its own Confidential Information.
10. EA reserves the right to subcontract any or all work to one or more subcontractors for the completion of the services to the Customer.
11. All reasonable efforts will be made by EA to carry out its obligations pursuant to the Contract. If EA is prevented directly or indirectly from making delivery of the products or services or completing any of its obligations by reason of acts of God, strikes, trade disputes or any other industrial action, fires, interruption of transport, government or administrative action or inaction or any other cause whatsoever, EA will be under no liability whatsoever to the Customer. EA shall be entitled at its option either to cancel such Contract whereupon EA shall be relieved of all of its liabilities thereunder or to extend the time of its performance by a period equivalent to that during which performance by EA has been restricted by such circumstances. If any of the aforementioned items occur, the client may negotiate a refund equivalent to the works not completed.
12. EA warranties the labour performed by its employees only. Unless specified in a quotation, EA gives no warranty as to the ability or fitness of the goods and services to meet the requirements of the Customer. EA’s liability under this Agreement shall be limited to the supply of requested services and products, and upon expiration or termination of this Agreement, all such liabilities shall terminate.
13. EA does not purport, nor intend to give accounting, legal, or taxation advice. It is recommended that you seek professional advice from an independent, licensed, qualified accountant or lawyer on legal and financial matters.
14. EA provides no warranties for any 3rd party software or services that the Customer chooses to purchase and use as a result of this quotation and subsequent services and products from EA. Likewise, EA is not and shall not be responsible for any loss damage or fault to data caused by the installation of any software, uploading of files to web servers, or is responsible for the backing up of any data owned by the Customer. Database backups are the sole responsibility of the Customer only.
15. Completion of the contract will be deemed when the products or services have been delivered in their entirety to the Customer and working and/or operating to the satisfaction of the Customer, in accordance with the terms set out in the Contract.
16. Any contract between EA and the Customer shall be governed by and subject to the Laws of the State of Victoria, Australia.
17. Nothing in these terms shall be taken as excluding, limiting or modifying any term, condition or warranty implied by any applicable act of parliament that cannot be so affected. To the extent that such term, condition or warranty is implied, the liability of EARTHLINK ALLIANCE for breach of that term, condition or warranty is, where permitted, limited at the option of EARTHLINK ALLIANCE, to:
” the supplying of the relevant goods or services again; or
” the payment of the cost of having the relevant goods or services supplied again.
18. Business Advice Disclaimer. Reports and advice are either of a general nature, or for specific circumstances. EARTHLINK ALLIANCE is not liable for any loss or damage incurred by any person relying on such reports or advice, except where they are created by EARTHLINK ALLAINCE expressly for that person. The provision of the services for which you retain EARTHLINK ALLIANCE is based upon the following conditions:-
a) The information provided by your company is complete, accurate and current.
b) The advice provided by the company is only for use by you.
We accept no responsibility:-
a) Where the information provided by you is incomplete, inaccurate or not current.
b) For the implementation, in whole or in part, of any of the advice provided by EARTHLINK ALLIANCE, where we have not been retained for that purpose.
c) To any third party for the whole, or any part of the advice provided by EARTHLINK ALLIANCE.
Whilst we believe that the services provided by EARTHLINK ALLIANCE will assist you to achieve the goals of your business, you will appreciate that there are many variables outside the control of EARTHLINK ALLIANCE and therefore, we make no warranties in respect to the result of the implementation of the business’s advice.
19. Earnings & Income Disclaimer. Any income potential and earnings presented to you by EARTHLINK ALLIANCE are estimates of what we think you could earn in your business. There is no guarantee that you will achieve these levels of income, and you accept the risk that earnings and income statements differ from individual to individual. Each person’s success will depend on their background, dedication, desire and motivation. We cannot give a guarantee for your future success and results. Unknown risks in business carry with it no guarantee for future performance levels.
20. Internet Marketing Disclaimer. Every effort is made by EA to optimise, where possible, a client’s website, with the intention of increasing the rankings of said website in the search engines. However, the actual rankings of the website will depend on how the search engines interpret the content on the site in accordance with their method of ranking a website. EA makes no guarantee whatsoever that its internet marketing services will increase a website ranking and subsequent income levels.