Welcome to www.iterics.com.au
- 1. About the Website
- 1.1. www.iterics.com.au (the ‘Website ‘) provides IT Web development services (the ‘Services ‘).
- 1.2. www.iterics.com.au provides their services to you subject to the terms and conditions given hereunder.
- 1.3. The Website is operated by ITERICS SOLUTIONS PTY LTD (ACN 638 738 511). Access to and use of the Website, or any of its associated Products or Services, is provided by ITERICS SOLUTIONS PTY LTD. Please read these terms and conditions (the ‘Terms ‘) carefully. By visiting www.iterics.com.au, you are accepting the practices described in this Privacy Notice, for use of the information provided by you on the site. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- 1.4. In addition, when you use any current or future Iterics.com.au service (e.g. Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Iterics.com.au.
- 1.5. ITERICS SOLUTIONS PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ITERICS SOLUTIONS PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by ITERICS SOLUTIONS PTY LTD in the user interface.
3. Applicable Law
This site is created and controlled by iterics.com.au and its registered owner. The Terms are governed by the laws of New South Wales, Australia and the courts in Sydney, AU alone shall have jurisdiction in respect of all the terms, conditions and disclaimers. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
4. Electronic Communication
When you visit Iterics.com.au or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- 5. General Disclaimer
- 5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- 5.2. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) ITERICS SOLUTIONS PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- 5.3. User agrees and acknowledges that User shall be solely responsible for User’s conduct and that Iterics.com.au reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Iterics.com.au or its registered owner be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Iterics.com.au sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
- 5.4. Iterics.com.au therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
- 5.5. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ITERICS SOLUTIONS PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ITERICS SOLUTIONS PTY LTD) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records; (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of the products of ITERICS SOLUTIONS PTY LTD; and (d) the Services or operation in respect to links which are provided for your convenience.
- 6. About the Service
- 6.1. As part of the Services, you may be required to provide personal information about yourself (such as identification, contact and Social details), including: (a) Email address (b) Mailing address (c) Phone Number (d) Social pages details for Online Marketing
- 6.2. You warrant that any information you give to ITERICS SOLUTIONS PTY LTD in the course of completing the registration process will always be accurate, correct and up to date.
- 6.3. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with ITERICS SOLUTIONS PTY LTD; or (b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
- 6.4. Domain Names: Iterics may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Iterics. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
- 6.5. Backup : You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client web applications.
- 6.6. You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. Iterics will not be responsible for any claims or legal actions related to the content of your website.
- 7. Payment
- 7.1. Where the option is given to you, you may make payment for the Services (the ‘ Services Fee ‘) by way of: (a) Electronic funds transfer (‘ EFT ‘) into our nominated bank account (b) Credit Card Payment (‘Credit Card ‘) (c) PayPal (‘PayPal ‘) (d) Cheque (‘ Cheque ‘)
- 7.2. All payments made in the course of your use of the Services are made using PayPal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website.
- 7.3. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
- 7.4. You agree and acknowledge that ITERICS SOLUTIONS PTY LTD can vary the Services Fee at any time.
8. Refund Policy
ITERICS SOLUTIONS PTY LTD will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of ITERICS SOLUTIONS PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund ‘).
- 9. Copyright and Intellectual Property
- 9.1. The Website, the Services and all of the related products of ITERICS SOLUTIONS PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through International treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by ITERICS SOLUTIONS PTY LTD or its contributors.
- 9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by ITERICS SOLUTIONS PTY LTD, who grants to you a worldwide, non-exclusive, royalty- free, revocable license whilst you are a Member to: (a) use the Website pursuant to the Terms; (b) copy and store the Website and the material contained in the Website in your device’s cache memory; and (c) print pages from the Website for your own personal and non-commercial use. ITERICS SOLUTIONS PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by ITERICS SOLUTIONS PTY LTD.
- 9.3. ITERICS SOLUTIONS PTY LTD retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- 9.4. You may not, without the prior written permission of ITERICS SOLUTIONS PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. Force Majeure
Iterics.com.au shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
- 12. Limitation of liability
- 12.1. ITERICS SOLUTIONS PTY LTD’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- 12.2. You expressly understand and agree that ITERICS SOLUTIONS PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- 12.3. Digital Marketing Services: Social Media advertising campaigns, Google AdWords, Yahoo! Search Marketing are set up either in your business name in which case all click charges are payable directly to the search engines of social media website by you, or by Iterics on your behalf in which case the media fee is payable by you to Iterics.
- 12.4. Iterics is responsible for managing the campaigns on your behalf. We take utmost care in managing your campaigns and budget, it is important that you review your campaigns regularly to ensure the changes made by our team are to your satisfaction. Iterics will not be liable in any way for any loss or damage suffered by you through the use of this service.
- 12.5. Search Engine Optimization Disclaimers: We provide SEO services and aim to get pages to rank in the top 10 results of the search engines. However, as search engines can and do change their algorithms (weighting factors) at any time, we cannot offer a guarantee that a specific ranking will be achieved or maintained. Where a ranking guarantee is provided for “relevant keywords” the guarantee refers to having your business positioned in a top ranking position for a keyword that a potential customer is likely to use in a keyword search when looking to engage your services. These keywords will be obtained by reviewing your Google Analytics (Keyword Search Tool) information and searching for phrases that have previously delivered traffic to your website within the period that Iterics services have been engaged for.
- 13. Termination of Contract
- 13.1. The Terms will continue to apply until terminated by either you or by ITERICS SOLUTIONS PTY LTD as set out below.
- 13.2. If you want to terminate the Terms, you may do so by: (a) not renewing the Subscription prior to the end of the Subscription Period; (b) providing ITERICS SOLUTIONS PTY LTD with 14 days’ notice of your intention to terminate; and (c) closing your accounts for all of the services which you use, where ITERICS SOLUTIONS PTY LTD has made this option available to you. Your notice should be sent, in writing, to ITERICS SOLUTIONS PTY LTD via the ‘Contact Us’ link on our homepage.
- 13.3. ITERICS SOLUTIONS PTY LTD may at any time, terminate the Terms with you if: (a) you do not renew the Subscription at the end of the Subscription Period; (b) you have breached any provision of the Terms or intend to breach any provision; (c) ITERICS SOLUTIONS PTY LTD is required to do so by law; (d) the provision of the Services to you by ITERICS SOLUTIONS PTY LTD is, in the opinion of ITERICS SOLUTIONS PTY LTD, no longer commercially viable. (e) Iterics reserves the right to cease all work on the client’s website if an invoice payment remains up to 7 days overdue. Non-payment voids all given guarantees.
- 13.4. Subject to local applicable laws, ITERICS SOLUTIONS PTY LTD reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ITERICS SOLUTIONS PTY LTD’s name or reputation or violates the rights of those of another party.
- 14. Indemnity
- 14.1. You agree to indemnify ITERICS SOLUTIONS PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms.
- 15. Dispute Resolution
- 15.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- 15.2. Notice: A party to the Terms claiming a dispute (‘Dispute ‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- 15.3. Resolution: On receipt of that notice (‘Notice ‘) by that other party, the parties to the Terms (‘Parties ‘) must: (a) Within 15 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, 15 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) The mediation will be held in Sydney, Australia.
- 15.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- 15.5. Termination of Mediation: If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16. Venue and Jurisdiction
The Services offered by ITERICS SOLUTIONS PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.