OVERVIEW

 

This website is operated by Ink My Business. Throughout the site, the terms “we”, “us” and “our” refer to Ink My Business. Ink My Business offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

By instructing us, you accept liability to pay our invoice that we shall issue in respect of such instructions.  This may be for a product or service available from the website or other product or service as negotiated.  If your instruction relates to a product or service available on the website, the applicable fees and charges as provided on the product or service page at the time of instruction will apply.  For negotiated products and services, the fees and charges will be issued to you in a quotation; this may be a formal quotation or summary quotation either verbally or in writing.   If you instruct us on behalf of someone else, you are liable to pay our invoice should we not be paid by that other person. If you are instructing us as a director or officer of a company, you are liable to pay our invoice in the event of the company failing to pay.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Ink My Business recommends you consider the products and services on offer are fit for purpose and that you obtain independent legal, financial and other professional advice as required prior to purchase or acceptance.

 

SECTION 1 – TERM
SECTION 2 – ONLINE STORE TERMS
SECTION 3 – GENERAL CONDITIONS
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
SECTION 6 – PRODUCTS OR SERVICES
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
SECTION 8 – OPTIONAL TOOLS
SECTION 9 – THIRD-PARTY LINKS
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
SECTION 13 – ACCEPTABLE USE
SECTION 14 – DOMAIN NAME REGISTRATION AND RENEWAL
SECTION 15 – ESSENTIAL PACKAGES STANDARD FORM OF AGREEMENT
SECTION 16 – INTELLECTUAL PROPERTY
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SECTION 18 – INDEMNIFICATION
SECTION 19 – SEVERABILITY
SECTION 20 – TERMINATION
SECTION 21 – ENTIRE AGREEMENT
SECTION 22 – GOVERNING LAW
SECTION 23 – CHANGES TO TERMS OF SERVICE
SECTION 24 – CONTACT INFORMATION

 

SECTION 1 – TERM
The Customer agrees to a month to month contract term for Services unless otherwise stated in the product or service offering (e.g. domain names, SSL, Essential packages,  special services with an agreed term) or otherwise agreed in writing.

 

The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.

 

Monthly services are established as part, thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.

 

SECTION 2 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 6 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 13 – ACCEPTABLE USE

Prohibited Use
1. Shared cPanel web hosting services may not be utilised for the following:
a. File storage purposes or backup repositories that are not directly accessible to the Internet
b. Excessive email storage or email archiving

 

2. Virtual Private Servers and Shared cPanel Web Hosting may not be utilised for the following without explicit permission:
a. IRC scripts, servers or bots
b. “warez” sites or Pirate Software Sites (including music, movies, applications etc.)
c. Game Servers (TeamSpeak, Counter Strike, Battlefield etc.)
d. Illegal Hacking community sites
e. Lottery, banking or investment sites (Pyramid Schemes)
f. Image or File Hosting services (i.e. Mega.co.nz, Rapid Share)
g. Banner Sharing or Advertisement services
h. Web Sites selling goods without having (where applicable) appropriate Australian permits
i. VPN services to commit fraudulent activity including Proxy Utilities or Anonymous Browsing Scripts.
j . Any other services promoting illegal activities or that Ink My Business’ Management deem as inappropriate or unacceptable.

 

Unacceptable Content and Material(s)
The Customer may not transmit, publish, distribute, store or link any content or material on Ink My Business servers or network that Ink My Business believes:
a. Is excessively violent, incites violence, threatens or implies violence, or contains harassing content or hate speech;
b. Is defamatory or violates a person’s privacy;
c. Constitutes child pornography;
d. Constitutes pornography;
e. Improperly exposes trade secrets or other confidential or proprietary information of another person;
f. Is intended to assist others in defeating technical copyright protections;
g. Clearly infringes on another person’s trade or service mark, patent, or other property right;
h. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
i. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Ink My Business;
j . Is otherwise malicious, fraudulent, or may result in retaliation against Ink My Business;
k. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and
pyramid schemes;

 

Excessive Resource Usage
1 Per CPU core limits apply to all shared cPanel hosting services and are limited to the following:
a. Hosting Services are limited to 2 5 % CPU, 1GB RAM, and 2 0 entry processes.
All limits are enforced utilising CloudLinux software that monitors resources on all shared cPanel hosting services.
A “503 Service Temporarily Unavailable” page will be displayed to visitors whom attempt to visit the page whilst the limits are being exceeded.

 

2. All shared cPanel services, the customer may not:
a. Execute scripts in which the task takes longer than 240 seconds to complete;
b. Consume greater than 250,000 inodes (1 file equals 1 node);
c. Perform any task which generates high lO load or large amounts of system memory;
d. Perform any tasks which unreasonably consumes excessive server resources causing issues for other Customers on the shared service;
e. Host or utilise any bit torrent applications, trackers or clients on the shared service;
f. Execute cron entries with intervals less than 15 minutes;
g. Operate or utilise a script which does not close MySQL connections upon completion.

 

3. The following commands on all shared cPanel web services require permission to execute including validation from Ink My Business:
a. wget;
b. rsync;
c. ping, ping6;
d. traceroute, traceroute6 or tracert;
e. ftp.

 

4. V P S {Virtual Private Server) services, the customer must not:
a. Utilise greater than 80% total utilisation of all vCPU cores for greater than 300 seconds;
b. Utilise greater than l,000Kb/s of sustained disk read or writes;
c. Utilise greater than 20Mbit/s over 300 seconds

 

System and Network Security
1 . Customers agree to maintain and keep all PHP, CGI and CMS’ (Content Management Systems) up to date with the latest stable versions. Failing to maintain these may result in security vulnerabilities, defacement or destruction of yourservice(s).

 

2. Customers agree to keep all service, including email account(s), usernames and passwords safe and secure at all times.

 

3. Customers are encouraged to keep all folder and file permissions set correctly. Ink My Business recommends utilising the Permission Fixer via the account area to ensure these are set correctly.

 

4. V P S (Virtual Private Servers) are required to:
a. Ensure the VPS utilises a strong root/administrator password;
b. Secure the VPS immediately after provisioning;
c. Perform regular maintenance and updates on the operating system of the VPS;
d. Change the root/administrator password on a regular basis.
e. Install a relevant firewall f o r t h e Operating System;
f. Ink My Business recommends the Customer backup important data regularly and ensure backup tasks complete successfully

 

Spam and Marketing/Bulk Email
1. Customers will ensure that they will not knowingly utilise their service to send unsolicited email, unsolicited bulk email (spam), or allow others to utilise it for these reasons.

 

2. Customers may not utilise any purchased mailing lists for individual or bulk email sending.

 

3. Ink My Business allows the following for email sending:
a. 500 emails per domain per hour on all shared cPanel services.
Customers whom attempt to send more than the allowed limits above, will receive an undeliverable message for one hour after the limit has been exceeded. All emails over the limit may be discarded.

 

4. Customers agree that all mailing list applications (including mailman), will have no more than 4,000 individual email addresses per list per domain.

 

5 Customers agree that all commercial emails sent contain appropriate opt-in and opt-out mechanisms and that all emails sent comply with the Australian Spam Act 2003 (http://vww.acma.gov.au/WEB/STANDARD/pc=PC_310322), the United States CAN-SPAM Act 2003 http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) and any other relevant Spam-related relevant legislation.

 

Backups
1. Ink My Business will take backups of all cPanel based services on the following schedule;
– Full complete fortnightly (every second Sunday)
– Daily incremental/differential backup

 

2. The following paths are excluded from cPanel based backups
– /application_backups/* (commonly generated from 1 Click Application Installers)
– /backup-* (manually created cPanel backups)
This is to prevent Ink My Business’ systems taking ‘backups of backups’ and therefore allowing Ink My Business’ backup infrastructure to operate at an optimum level. All backups are stored on separate infrastructure for the purpose of disaster recovery. A timestamp of the backups we have of the Customer’s cPanel data is located within Account Area.

 

3. Customers are encouraged to maintain a local and off-site backup of their service at all times.

 

4. Customers who utilise a VPS (Virtual Private Server) with a backup add-on will ensure that the space is correctly mounted, formatted and backups are successfully being taken. Ink My Business assumes no responsibility should the configuration of the backup mount change or settings be altered on the VPS.

 

5. As per the Terms of Service, Ink My Business will not be held liable or responsible for any data loss under any circumstance. It is the Customer’s sole responsibility to ensure they have a backup of all data including email, MySQL databases and files.

 

Non-compliance and Remedy
1. Any Service(s) that are found to be in breach this policy but have not caused any known inconvenience to other Customers will result in an email being sent to the Customer asking for changes to be made in order to comply with this policy and two (2) days to make the changes. Failure to comply will result in the Service(s) being suspended without additional warning.

 

2. Any Service(s) that are found to be in breach this policy and have caused issues for other Customers will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach.

 

3. Any Service(s) that are found to be in breach of this policy and have recorded a prior breach within three (3) months of the new breach will result in immediate suspension followed by an email requesting changes to be made in order to comply with this policy. The Service(s) will only be unsuspended once the Customer has acknowledged the breach and agreed in writing to remedy the breach, and a $39.95 re-activation fee has been paid in full.

 

4. Any Service(s) that are found to be in breach of this policy and have recorded two (2) prior breaches within three (3) months of the new breach will result in immediate suspension followed by an email advising that the service will not be unsuspended and the Customer will be advised to move the Service(s) to another provider. If the Customer does not respond to this notice, the Service(s) will be automatically terminated in thirty (30) days.

 

5. The Customer will be solely liable for any fees or charges that are paid by Ink My Business to third party providers for the unblocking of any restrictions they have placed due to Service(s) operated by the Customer breaching this policy.

 

6. Customer’s shall not be entitled to any refund for any remaining account service period or credit should there be any breaches as described within the Ink My Business Terms of Service or Acceptable Use Policy documents

 

SECTION 14 – DOMAIN NAME REGISTRATION AND RENEWAL
The Customer acknowledges that Ink My Business is an authorised reseller of domain names with Synergy Wholesale Pty. Ltd. and Dreamscape Networks FZ-LLC.

a. The Customer acknowledges that they have read and agree to any applicable Registrant Agreement (ie. http://www.auda.org.au/policies/current-policies) before purchasing any domain name service(s) from Ink My Business.

b. The Customer acknowledges that all domain name Service(s) are non-refundable once the order for the domain name Service(s) has been processed and accepted by Ink My Business.

c. Ink My Business does not warrant or guarantee that a domain name application will be approved. The Customer should take no action in respect of the requested domain name(s) until they have been notified by Ink My Business that the domain name(s) has been approved and is in the Customer’s name.

d. The registration of the domain name and the ongoing use of the domain name are subject to the relevant naming authority’s terms of service and the Customer is responsible for ensuring awareness of these terms and that they are adhered to. The Customer waives any right to make claim against Ink My Business in respect to a decision made by a naming authority to refuse registration or renewal of a domain name.

e. The Customer acknowledges that Ink My Business is not obligated to renew a domain name for the Customer, if the Customer has not confirmed to Ink My Business that the domain name is to be renewed, or the invoice for renewal has not been paid in full, or it is determined that the Customer does not satisfy the eligibility criteria to continue holding the domain name license. In these circumstances, Ink My Business will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via your Ink My Business Account (https://inkmybusiness.com/account).

f. Domain name registration or renewal may be declined by Ink My Business if the Customer is in breach of these Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer has other unpaid or unresolved fees.

g. It is the Customer’s responsibility to ensure that all contact details held by Ink My Business in relation to the billing of domain names are kept up to date, as Ink My Business will use these details to advise the Customer of any pending renewal or transfer requests.

h. Should the Customer choose to terminate all services with Ink My Business, but does not transfer a domain name to another registrar, the Customer agrees that Ink My Business may contact the Customer after the account closure to advise of any domain name renewal or transfer.

i. You accept that it is your responsibility to ensure that your Domain Name Licence(s) are renewed when placing a renewal request.

 

SECTION 15 – ESSENTIAL PACKAGES STANDARD FORM OF AGREEMENT

In addition to the terms of service, the following applies specifically to Essential Packages and constitutes the Standard Form of Agreement.

 

Definition:  Essential Packages includes “E-Shop Essentials” and “Website Essentials” products and services.

Service: Website Design and Development, Hosting and features listed in the product description at the time of purchase.

Term: 24 Months from the 1st day of the month following the date of purchase.
Ie.  If purchased 15 January 2016, the term will commence 1 February 2016

1.  Total Cost

 

Website Essentials

Upfront Set-up Payment: $899.00 Including GST
Monthly Service Payment: $26 including GST
Total Minimum Cost over 24 Months: $1523.00 Including GST
Total Maximum Cost over 24 Months: $1548.16 Including GST

 

E-Shop Essentials

Upfront Set-up Payment: $1399.00 Including GST
Monthly Service Payment: $35 including GST
Total Minimum Cost over 24 Months: $2239.00 Including GST
Total Maximum Cost over 24 Months: $2272.87 Including GST

 

Note.  If a discount has been applied to your purchase at the time of checkout the Upfront Set-Up Payment, Total Minimum Cost and Total Maximum Cost over 24 months will be reduced by the amount of the discount.

2.  Design Consultation

Where possible, design consultations will occur at the clients business, however if geographical location restricts the ability of an Ink My Business employee to reasonably attend the customers location, design consultations will be conducted via Skype, Phone or Email.  Design consultation length is at the discretion of Ink My Business and will be no more than 60 minutes.

 

3.  Final Product

a.  Website or E-Shop Design and development will be completed in consultation with the client to achieve a design that is complimentary to the customers branding and needs.  Creative control will remain with Ink My Business who will have the final decision of the complete product.  Revisions or customisation to the delivered product are not included in the Essentials Package

b.  On completion of the 24 month contract, assuming full payment of costs, all files associated with the website (Theme,  Alterations, Additions) will be available for the client to continue to utilise in accordance with the GNU general public licence.

 

SECTION 16 – INTELLECTUAL PROPERTY
1  Any Ink My Business Materials (and the Intellectual Property subsisting in the Ink My Business Materials) provided to the Customer by Ink My Business in connection with the goods and services remains Ink My Business’s exclusive property and the Customer acknowledges that the Customer has no proprietary right or interest in the Ink My Business Materials or Ink My Business’s Intellectual Property.

 

2  All Ink My Business Materials and Ink My Business’ Intellectual Property must be returned to Ink My Business on demand and the Customer must not:
(a)  copy or disclose any Ink My Business Materials or Ink My Business’ Intellectual Property to any third party without Ink My Business’ express written consent;
(b)  create, sell, manufacture or process any goods or services which use or take advantage of any Ink My Business Materials or Ink My Business’ Intellectual Property.

 

3  Where the Customer provides its own materials, data or information including literary and artistic works (Client Materials) for use by Ink My Business to fulfil any order, the Customer warrants that:

  1. the Customer owns (or is licensed to use) the Client Materials and the Intellectual Property in those Client Materials; and
  2. the use of the Client Materials by Ink My Business will not infringe the Intellectual Property of any third party; and the Customer hereby grants Ink My Business a licence to use the Client Materials and the Intellectual Property therein:
  3. for the purpose of fulfilling the Customer’s orders and providing the goods and services under this Agreement; and
  4. in Ink My Business’ promotional materials to indicate that the Customer is one of Ink My Business’ clients and to depict the quality and range of Ink My Business’ goods and services.

 

4  The Customer indemnifies and agrees to keep Ink My Business indemnified against all liability, losses or expenses incurred by Ink My Business in relation to, or in any way directly or indirectly connected with, the use of the Client Materials by Ink My Business.

 

5 All ‘works’ (as that term is defined in the Copyright Act 1968) and other subject matter in which copyright can subsist, and all data, information, materials and processes developed or created pursuant to this Agreement and any Intellectual Property therein:

are hereby vested in Ink My Business as and when such rights are brought into existence;

  1. are agreed to be the absolute and exclusive property of Ink My Business; and
  2. to the extent necessary, are hereby assigned absolutely to Ink My Business.

 

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Ink My Business, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, licensors or related entities be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ink My Business and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Queensland, Australia.

 

SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at PO Box 54 Petrie QLD 4502 Australia.