2. Definition
2.1 Customer user shall refer to a customer who registers with Netsky to
obtain account for use of its services.
2.2 Company user shall refer to a customer who registers with Netsky to
obtain account and represents
a company or organization or any entity for use of its services.
2.3 User shall refer to either customer user or company user.
2.4 Customer shall refer to a person, a company, an organization or any entity
that Netsky
provides services to.
2.6 Confidential information shall refer to any information belonging to a person,
company, any entity or any intellectual property rights, or describing a person,
a company or any entity status or financial position, and such
information being not accessed in the public domain at that time.
3. Scope of Agreement
3.1 Commence
The Terms and Conditions commences at the time a customer registers to use Netsky
services or places an
order for goods or services, or Netsky receives a customer request for a project to fulfill a task.
3.2 Termination of Agreement
3.2.1 The termination occurs whatever the following appears first:
3.2.2 Time of service has expired.
3.2.3 Netsky finishes the contract with its customer.
3.2.4 One party terminates this agreement on the other party with not less
than one month's written notice.
4. Customer Obligation
4.1 Customer guarantees and warrants all information provided to Netsky is accurate, reliable and valid. It includes but
is not limited to
a valid credit card number with available credit at the time of register or
purchase.
4.2 Customer guarantees and warrants that you are lawful user for the
information you provide for Netsky. It includes but is not limited to company name, trademark, credit
card, company or any entity's logo and all personal information.
4.3 Customer agrees to have responsibility for payment of
any applicable state, local and city taxes and for payment of shipping and
handling charges if applicable. Taxes and shipping and handling charges will be included on
your order invoice.
4.4 Customer agrees that if applicable, you will keep any goods for return intact
with its original package and be willing to pay shipping and handling charges
back to the place where the
goods is delivered within seven days from the time you receive the goods.
4.5 Customer agrees to update forthwith the information
about him/her or any entity of his/hers representation, stored in Netsky, if any registration information is no longer in a status to represent
customer current status
4.6 Services are not used or permitted to be used by any other person or
entity for any purpose against any religions and races.
4.7 Services are not used or permitted to be used to interfere with or
attack services, operations, or equipments of Netsky or any network, or violation
of any law of the Commonwealth of Australia and Sate of New South Wales is strictly prohibited. This includes but is not limited to posting
or transmittal of any unlawful, threatening, libelous, defamatory, scandalous,
inflammatory obscene, pornographic or profane material or any material that
could constitute or encourage conduct that would be considered a criminal
offense.
4.8 User account is only used by a customer who registers with
Netsky.
Use of the account by persons other than you is not permitted. The customer
will be responsible for any loss or damage because of your misuse, transferring
account and account used by other person.
4.9 User does not disclose personal log-in information details and be
responsible for all use accessed through the user account and password.
4.10 User does not use and is not permitted to use the account to obtain
other's confidential information or to intend to obtain such information.
4.11 User does not use and is not permitted to use the account to compromise
Netsky system, or to try to make such intention.
5. Confidentiality
5.1 Any confidential information, intellectual or industrial
property rights of Netsky are not permitted to be copied or to cause to be
copied or to be disclosed.
6. Site Warrant
6.1 Netsky does not warrant, guarantee or make any representations regarding
the security of accounts, or that this site is free from destructive materials,
including but not limited to computer viruses, hackers, or other technical
sabotage, nor does it warrant, guarantee or make any representations that access
to its services will be fully accessible at all times, uninterrupted, or error
free.
7. Limitation of Liability 7.1
In no event will Netsky be liable for any damages, including without limitation
direct or indirect, special, incidental, compensatory, exemplary or
consequential damages, losses or expenses, including without limitation lost or
misdirected orders, lost profits, lost registrations, lost goodwill, or lost orstolen programs or other data, however caused and under any theory of liability
arising out of or in connection with (1) use of this site, or the inability to
use this site by any party; or (2) any failure of performance, error, omission,
interruption, defect, delay in operation or transmission; or (3) line or system
failure or the introduction of a computer virus, or other technical sabotage,even if
Netsky, its employees or representatives thereof, are advised of the
possibility or likelihood of such damages, losses or expenses.
7.2 Any liability accepted by Netsky is limited to re-supply or
replacement of relevant goods or data in the event that the goods supplied by
Netsky or data is damaged, or to re-supply of the services in the event that the
services provided by Netsky is not available through the sole fault of Netsky.
The damaged data is recovered from whatever is last available by Netsky.
7.3 Netsky reserves the right to correct any inaccuracies or
typographical errors in the information posted to this Web site, and shall have
no liability for such errors.
7.4 Information may be changed or updated without
notice.
7.5 Prices and availability of goods and services are subject to change
without notice.
8. Payment
8.1 Customer agrees to pay any advertising fees in seven days
to Netsky Pty Ltd, Commonwealth Bank, Australia after you submit to request an
advertisement on Netsky.
8.2 Customer agrees to pay 40% of all fees on the request of web page design
or a project on e-commerce, then makes next 40% payment of the fees in the seven
days after first demonstration of Netsky products to the customer and finally
pay the rest of the fees on the time the customer obtains the final
products.
8.3 The fees for domain name register and online shopping are paid at the time to make
such a request.
8.4 All fees are non-refundable except for online shopping and web hosting. The refund made
for online shopping is the payment for purchase of the goods minus shipping and
handling charges back to the place where the goods is delivered. Unused credit
is refundable from the time starting next month. The domain name register and
setting up fees are not refundable.
9. Force Majeure
9.1 Netsky will not be liable to any delay or failure to perform any
obligations under this Terms and Conditions if the delay or failure is due to
any cause beyond its control or which results directly or indirectly from any of
the following events or their consequences:
9.11 wars, anticipated imminence thereof, or revolution;
9.12 riot or civil commotion;
9.13 strike, lock-out stoppage or restraint of
labour;
9.14 Act of God, fire or explosion;
9.15 fire flood, storm, cyclone, tempest, wash-away, drought; or any kind of
natural disaster and
9.16 legislation, decrees, orders, regulations or the like by any
Governments.
10. Termination
10.1 In addition to termination pursuant to sub-clause 3.2.1 to sub-clause
3.2.4, Netsky may
terminate its services forthwith if:
10.1.1 Customer is in breach of these Terms and Conditions in any of the
sub-clauses 4.1 to sub-clause 4.11.
10.1.2 In the opinion of Netsky, customer uses or may use the services for any
unlawful or improper purpose or in a manner that may jeopardize the security,
operations, services or equipments.
10.1.3 The customer, being a natural person, dies.
11. Dispute Resolution
11.1 Any dispute or difference between the parties arising out of or in
connection with these Terms and Conditions which cannot be settled by negotiation
between the parties must first be referred to conciliation by a conciliator
agreed between the parties at a place agreed by the parties.
11.2 Any dispute or difference which is not settled by conciliation in
accordance with subclause 11.1 within seven days of the referral to conciliation
must be forthwith referred for determination by a person appointed for that
purpose by the Australian Commercial Disputes Centre Limited (hereinafter
referred to as "the Centre") situated at Level 4, 50 York Street,
Sydney, New South Wales, for hearing in Sydney. That person must be an expert in
the field in which the dispute or difference arises and must act as an expert
and not as an arbitrator.
11.3 The procedures of the Centre apply to a dispute or difference referred
for determination under sub-clause
11.4 The decision of the person appointed to determine the dispute is final
and binding on the parties.
12. Indemnity
Customer agrees to indemnify, keep indemnified and hold
Netsky, their
directors, officers, employees and agents harmless from and against all and any
and all claims, damages, liabilities, costs and expenses (including legal fees
and expenses) arising out of or relating to any breach of customer obligation.
13. Severability
Customer agrees that thses Terms and Conditions is
severable. If any term or
provision is declared invalid, it shall not affect the remaining terms or
provisions, which shall continue to be binding.
14. Governing Law
Customer agrees that these terms and conditions are governed in all respects
by and construed in accordance with the laws of the Commonwealth of Australia.
Customer consents to the exclusive jurisdiction and venue of the Courts of New
South Wales, Australia and all courts hearing appeals from such Courts.
15. General
Failure by Netsky to require customer to comply with a provision
of these Terms and Conditions does not affect the full rights to require any
provision to be performed at any time thereafter
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