The Service

These Terms & Conditions govern your use of WAZZAM (the "Service"), an Internet subscription service operated by WAZZAM, ("WAZZAM") that provides users with access to a Website creation and hosting service and/or Search Engine Optimisation services for Google and Yahoo! WAZZAM is provided to you by WAZZAM on an "AS IS", "AS AVAILABLE" basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use WAZZAM for other purposes, directly or indirectly, by you or by a third party is prohibited.

Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of website building services and software and/or Search Engine Optimisation services. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.

Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of website building services and software and/or Search Engine Optimisation services. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.

WAZZAM reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice published on www.wazzam.com.au. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by WAZZAM as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the service in writing.


Delegation

You understand that WAZZAM requires the registry key for your domain name in order to publish your website to the Internet if you have WAZZAM build or redesign your existing website. It is your responsibility to provide all requested details to WAZZAM. You understand that any delay in providing the requested details to WAZZAM will delay the publication of your website. You also understand that you will be billed for the construction of your website, even if you do not provide the requested details to WAZZAM. You also understand that even if you provide the requested details in a timely manner, there may be a delay in the publication of your website due to latencies in the propagation of domain name information across the Internet. You understand that these propagation latencies are outside of WAZZAM's control and WAZZAM cannot be held accountable for such delays.


Registration

You must provide accurate, complete, and current registration information and you agree to provide WAZZAM with an update of that information promptly should changes occur.

Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses or sole traders or partnerships or trusts or associations owned or operated by individuals who are at least 18 years of age. Your right to use the Service cannot be transferred to any other person or any other entity.

WAZZAM may terminate, at its own discretion, any registration, including without limitation any or all related information, communications, postings, Web pages, Websites or services, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that WAZZAM, at its sole discretion believes is harmful to others, the business of WAZZAM or other third party information or service providers. You acknowledge that the Service contains information, software, photographs, graphics, keywords and other material (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of WAZZAM or third parties. All Content on the Service is copyrighted as a collective work of WAZZAM pursuant to applicable copyright law.

You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the use of the registered subscribers of the Service. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as otherwise expressly permitted in these terms and conditions. Content consisting of downloadable software may not be reverse engineered unless specifically authorised by the owner of the software's patent and/or copyright. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of WAZZAM or the owners of such Content or their authorised persons.

You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content. You grant to WAZZAM the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorised to grant all rights set forth in the preceding sentence. Any information supplied by you upon registration for the Service and certain other information which WAZZAM may collect is subject to WAZZAM's privacy policy. For more information, you can review WAZZAM's privacy policy at www.wazzam.com.au .


User Conduct

You, as a user of the Service, understand that all information contained in your content, whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all Information that you upload post or otherwise transmit via WAZZAM. For example, you shall not:

a) transmit upload or post via WAZZAM any Information that is offensive, vulgar, sexually explicit, racial, hateful, discriminatory, unlawful, invasive of another's privacy, exploitative of a minor, identifiable information pertaining to a minor, information or instructions concerning illegal activities, information that is harmful, threatening, abusive, harassing, defamatory, libelous, obscene, or otherwise objectionable;

b) Harass, threaten, abuse, defame, embarrass or cause distress or discomfort to another; transmit upload or post via WAZZAM any Information that you are prohibited from transmitting by any law, including without limitation Information that infringes any patent, trademark, trade secret, copyright or other proprietary right;

c) transmit, upload or post any Information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

d) disrupt the normal flow of Information available on or through WAZZAM or otherwise act in a manner that negatively affects other participants or users, transmit, upload or post hidden pages or images, interfere with or disrupt the functionality of WAZZAM or the WAZZAM servers or networks, or violate any requirements, procedures, policies or regulations of networks connected to WAZZAM, the WAZZAM network, servers, directories, databases and listings;

e) transmit, upload or post any unsolicited advertising, promotional materials, or any other forms of solicitation;

f) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

g) translate, decompile, reverse engineer, disassemble, modify, copy, alter, merge into other software, exploit, reproduce, duplicate, rent, lease, sell, resell, lend, distribute, remarket or otherwise dispose of WAZZAM , use of WAZZAM , or access to WAZZAM or any part thereof;

h) impersonate in any way, including without limitation by way of forging headers or otherwise manipulating identifiers, any person, entity, leader, WAZZAM or WAZZAM official, operator or host;

i) Collect or store personal data about other users in any way or form or solicit or harvest passwords or screen names in an illegal manner or without due regard to privacy laws in force;

j) use your allocated storage space on WAZZAM as storage for remote loading of Information, or rent, sub-lease or transfer your allocated space on WAZZAM to any third party; or

k) link your Website on WAZZAM to Information not allowed on WAZZAM under these Terms and Conditions of Service.

WAZZAM does not control, actively monitor or review the Information uploaded, posted, transmitted or made available on or through WAZZAM and shall not be responsible for any Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using WAZZAM™ Australia, you may be exposed to Information that is offensive, indecent or objectionable. Your website content on the WAZZAM Australia tool is solely your responsibility; WAZZAM will not be liable for any liability in regards to the material used on your website.


Acceptable use

As a user of the WAZZAM Service, you agree to abide by WAZZAM's Acceptable Use Policy, and to be liable for any charges incurred for excess usage of the service, whether caused by yourself, or by others visiting your website, or sending email to your email account(s). WAZZAM will immediately suspend any sites that are we deem to have breached the above policy, and if any illegal activity has been found they may at their discretion contact the appropriate Law Enforcement authorities. WAZZAM will not be held liable for any content stored on our servers in directories that are controlled by users.

You the user are responsible for making sure that all of your email passwords and website passwords are kept in a secure location. WAZZAM will not set usernames and passwords to be the same thing as this breaches our security protocols. If you feel that your password has been compromised you must contact WAZZAM via email as soon as possible. WAZZAM will not be held liable for any activity that has been undertaken under an account with a compromised password.


Service Outages:

Whilst WAZZAM hope there are no server outages we cannot be held responsible for any sort of software failure or hardware failure or internet connection failure. WAZZAM will also not be held liable for any loss of income due to Service Outages, it is the customers responsibility to advise WAZZAM if they require a guaranteed 80% uptime. WAZZAM will do its best to schedule Service Outages outside of business hours to minimize disruption to businesses.


Information posted on WAZZAM

By transmitting, uploading, posting or submitting any content to WAZZAM you declare such Information is not confidential, secret or proprietary information;

warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to WAZZAM does not violate any copyright or other laws; and

Irrevocably grant WAZZAM, a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the content in any form anywhere. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any information available on or through waZZam.

2) WAZZAM shall not be obligated to actively monitor, review, or otherwise control in any manner, the content users post, upload or transmit through WAZZAM. However, WAZZAM reserves the right but not the obligation, in its sole discretion, to refuse or remove any Information available on or through WAZZAM. Without limiting the foregoing, WAZZAM shall have the right to remove any Information that violates these Terms and Conditions of Service or is otherwise objectionable in WAZZAM's sole opinion. The information on WAZZAM may include inappropriate material. By entering or using WAZZAM you undertake full responsibility that the information complies with your needs and is accurate and when deemed important is confirmed in writing.

Determine whether you have adequate legal rights to store, reproduce or otherwise use the information in any manner contemplated by you and comply with any legal obligations, including without limitation obligations imposed by copyright, trade secret, defamation, indecency, online conduct and acceptable content, privacy and export laws. If you do not agree to these Terms and Conditions, do not enter or use WAZZAM.

However, WAZZAM reserves the right but not the obligation, in its sole discretion, to refuse or remove any Information available on or through WAZZAM. Without limiting the foregoing, WAZZAM shall have the right to remove any Information that violates these Terms and Conditions of Service or is otherwise objectionable in WAZZAM's sole opinion. The information on WAZZAM may include inappropriate material. By entering or using WAZZAM you undertake full responsibility to:

(a) Determine whether the information complies with your needs

(b) Determine whether you have adequate legal rights to store, reproduce or otherwise use the information in any manner contemplated by you and

(c) Comply with any legal obligations, including without limitation obligations imposed by copyright, trade secret, defamation, indecency, online conduct and acceptable content, privacy and export laws. If you do not agree to these Terms and Conditions, do not enter or use WAZZAM. Your website content is solely your responsibility; WAZZAM will not be liable for any liability in regards to the material used on your website.


Third Party Links

Some portions of the WAZZAM or users' Websites available on or through WAZZAM may include links to third party sites. These links allow you to exit these Websites and enter third party or other users Websites. These links are provided only as a convenience. The linked Websites are not reviewed, controlled or examined by WAZZAM and WAZZAM is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by WAZZAM. In no event shall WAZZAM be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties' Websites or the Information, advertising, products, resources or material accessed through these Websites. WAZZAM reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a Website, from WAZZAM and WAZZAM user amended Websites.


Fees and Payments

You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by WAZZAM or by any third party.

You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g. charges imposed by an Internet access provider, or your local telephone company). Ongoing hosting and Search Engine Optimisation fees (including costs associated with WAZZAM maintaining your Google and Yahoo! Search rankings) will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations policy.

WAZZAM shall provide you with website and website hosting services (where required). The subscription amount is the amount agreed to on the order form at the time of sale. WAZZAM works closely with you to identify realistic goals and timelines and design an appropriate website. If objectives are not met, we will offer to make it right within 20 days from review date. You have a period of three months to provide us with website content, after which your account will go live and any due payments become payable.

WAZZAM will not provide you with the login details until such time as the website has been approved and signed off to go live. If your due payment has not been made, as per your payment terms, your account will be suspended until payment has been received and a reactivation fee of $75 will apply. If there is no payment after 90 days for a due payment, as per the payment terms, the account will be cancelled and the account will not be subject to any form of a refund. Cancelled accounts can not be reactivated and any account history or information will not be retrievable.


Cost of Debt Recovery

By subscribing to our services you expressly agree that you are liable for any recovery costs including administrative fees, debt recovery fees, Solicitor Fees and disbursements incurred by WAZZAM as a result of your failure to pay the fees and charges for the service provided within the strict terms of payment specified in this agreement. You accept that you may also be charged an additional fee for interest at the statutory rate recoverable in the appropriate Court at the time prevailing however you are aware that costs incurred through Court action against yourself will be limited to the fees recoverable under the State Legislation for legal cost recovery.


Cost Recoverable Clause

“Any expenses, costs or disbursements incurred by WAZZAM in recovering any outstanding monies including debt collection fees and Solicitor costs shall be paid by the Client, providing that those fees do not exceed the scale charges as charged by that Debt Collection Agency/Solicitor plus any out of pocket expenses. It is our policy, to list any defaulting accounts with Dunn & Bradstreet. This listing will remain on your credit file for a period of five years. Please be aware that this may affect any further credit application.”


Additional Effort

To meet our client expectations and our service excellence standards, WAZZAM will proceed in carrying out additional efforts to finalise a project.

As a customer of WAZZAM you understand that any additional effort incurred by WAZZAM to deliver your project needs to be billed extra as per the initial quoted amount and/or the standard hourly charges of $66 per hour for Design and $99 per hour for development whichever is greater.

You furthermore understand that the charges for the additional effort will be billed either prior or post launch based on circumstances and billing cycles.


Cancellations Policy

Only WAZZAM may, at its sole discretion, allow you to cancel your contract agreement. Notification of intent to cancel must be provided in writing or by email to info@wazzam.com.au

You must notify WAZZAM if you do not wish to renew your subscription before the end of the contract. WAZZAM will automatically renew your subscription at the end of each term and bill the then-current renewal fee to the same address your original subscription fee was billed to, or to the current address we have on our files.

You may cancel your WAZZAM Web website account at any time by notifying WAZZAM two weeks prior to the date that you wish to terminate the service in writing, should you do this; a cancellation fee of $250 will apply.

If your website hosting account is cancelled prior to the end of each annual term, but after your website is built you will not be entitled to a refund of any monies. You are responsible for all charges incurred up to the time the account is t

erminated, including all annual charges for the year in which termination became effective. WAZZAM reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. WAZZAM may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

Websites that have been on hold for over three months without any content provided to www.wazzam.com.au and have failed to reply to WAZZAM's notices are not entitled to any refund. This will cover administration and customer service fee provided during the period of website content collection.


Disclaimer of warranties

You expressly agree that entering or using of WAZZAM is at your own risk. No warranty, representation, condition, undertaking or term - express or implied, statutory or otherwise - including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of WAZZAM is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.

WAZZAM makes no warranty that WAZZAM will meet your requirements, or that WAZZAM will be uninterrupted, timely, secure, or error free; WAZZAM makes no representations as to the suitability of the information available on or through WAZZAM, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.

WAZZAM makes no warranty that its services will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose, WAZZAM makes no warranty that a Website will lead to any clicks to your business or other information. Our pay for performance structure protects you the consumer from not being charged if optimisation results haven't been delivered.

WAZZAM makes no warranty that a Website will lead to consistent exposure of your business or your key words during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your website is indexed).

All such information on the user-amended sites is provided by the users. The information available on or through WAZZAM user amended sites is not reviewed, controlled or examined by WAZZAM in any way before it appears on WAZZAM. WAZZAM does not endorse, verify or otherwise certify the contents of any such information.

Users are solely responsible for the contents of their websites and their keywords and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).

WAZZAM abides by the guidelines of Google and Yahoo!, key words requested by the customer must also abide by these guidelines. The packages are sold on the terms of key words being a key word associated with a location, hence key words on their own without a location will require a higher charge. WAZZAM is not responsible for the drop in ranking for any key words due to the constant change in search algorithm by the relevant search engine companies; hence if your subscription amount can no longer cater for the key words, they will be removed from your list of key terms and you will not be charged an on-going maintenance fee unless the key word is re-optimised.

WAZZAM does not warrant or guarantee:

that any information available on or through WAZZAM will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties;

that the information available on or through WAZZAM will not contain adult-oriented material, or material which some individuals may deem objectionable; or

that the functions or services performed by WAZZAM will be uninterrupted or error-free or that defects in WAZZAM will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user's information or system


Limitation of Liability

In no event shall WAZZAM be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising - in any way, shape or form - out of the availability, use, reliance on, inability to utilise or improper use of WAZZAM even if WAZZAM shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you. In no event shall WAZZAM be liable to any party for any delays, inaccuracies, errors or omissions with respect to WAZZAM or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through WAZZAM. You expressly agree that WAZZAM shall not be responsible or liable for any loss of data, nor shall WAZZAM be required to return any lost data, resulting from the suspension or deletion of user websites or websites, network or system outages, file corruption or any other reasons.

WAZZAM urges you to maintain backup versions of your website's content to guard against losses of any kind. You expressly agree that WAZZAM shall not be liable for any conduct by users of WAZZAM and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through WAZZAM.

You expressly agree to indemnify and hold harmless WAZZAM, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to WAZZAM, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.


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