Terms and Conditions
These terms and conditions apply to the use of this Website and our services. In using our services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website. We reserve the right to refuse or withdraw services as Websites by Cliicks sees fit.
1. Definitions In these terms and conditions:
1.1 "Content" means any content and information that a client uploads to the Website, including any logos, images, documents and any audiovisual material emailed to Websites by Cliicks
1.2 "we", "us" and "our" are references to Websites by Cliicks ABN 58 117 159 289
1.3 "the Website" means our website located at http://cliicks.com.au and unless the context requires otherwise, related services and sites "your website" refers to the website we create for you and
1.4 "you" and "your" are references to you as the user of the services (whether as a client, prospective client, as the context dictates).
1.5 "Late Fee" is $5.00 plus GST per calender month.
2. Our Roles
2.1 In providing your Website and the services offered at the Website, our role is as a neutral facilitator and we are not involved in and assume no liability in respect of any transactions between Clients and their Customers.
3. SignUp
3.1 Upon sign up, you will be provided with an account number. You agree to pay for our services in the manner specified on the Website.
3.2 We reserve the right to suspend or terminate your account at any time if you breach these Terms and Conditions.
3.3 You agree to ensure that your registration details are true and kept up to date and accurate at all times.
3.4 You must ensure the security and confidentiality of your account details, including any email addresses, passwords, user names and other details that may be assigned to you. You are entirely responsible for activities and transactions that occur using these details. Your account and its details are not transferable to any other person with out written approval from Websites by Cliicks.
3.5 Upon sign up we will negotiate initial setup with you. Initial setup is subject to content availability.
4. Content
4.1 The responsibility for your Website Content rests solely with you the client. We make no representation to any user as to the accuracy of that Content.
4.2 The responsibility for the copyright of content used on your website is entirely your liability.
4.3 Content material of a pornographic or sexually explicit nature, material in breach of any third party's intellectual property rights (including but not limited to pirated materials), material which is vilifying or defamatory, misleading or deceptive, or which promotes or incites unlawful activities, the dissemination of unsolicited email or text messages, computer hacking, or which contains or promotes any virus will result in the immediate cancellation of the account.
4.4 Client is to provide content to Websites by Cliicks in the following formats: .jpg .png .txt .doc or richtext. If theses formats are not available to the client Websites by Cliicks can offer graphic design services for additional cost as agreed upon with the client.
4.5 The responsibility for your Content rests solely with you. You must ensure that the Content is accurate, reliable, not misleading or otherwise in breach of these Terms and Conditions.
4.6 You the client must proof-read and check all Content to be placed on your Website.
4.7 You may alter or remove Content as required, subject to compliance with these terms. We will endeavor to activate any changes to Content that you make as soon as practicable but cannot guarantee that these changes will be made within any given time.
5. Disclaimer
5.1 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free. The use of Websites by Cliicks services is at the client's sole risk. Neither Websites by Cliicks, its employees, affiliates, agents or the like, warrant that service will not be interrupted or error free; nor do we make any warranty as to the results that may be obtained from the use of the hosting services for generating business for the client.
5.2 We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this service or any linked website.
5.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
a) if the breach relates to goods
- (i) the replacement of the goods or the supply of equivalent goods
- (ii) the repair of such goods
- (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or
- (iv) the payment of the cost of having the goods repaired
b) if the breach relates to services
- (i) the supplying of the services again or
- (ii) the payment of the cost of having the services supplied again.
5.4 In no circumstance will Websites by Cliicks be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity or any physical injury) of any nature arising through or as a result of your use of the Website or our services.
5.5 Websites by Cliicks make no warranty or guarantee of the success of SEO or Google ranking for your website.
6. Exception to Disclaimer
6.1 This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
6.2 If under 18 years old you affirm that you have legal parental or guardian consent to use the Website and accept these terms and conditions. You warrant and undertake to the extent possible that you have the legal capacity and power to enter into a legal agreement with us on the terms and conditions contained herein and perform your obligations under it.
7. Specific Terms
7.1 You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
7.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.
7.3 Whilst we have no reason to believe that any particular information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Website.
7.5 All information contributed by us and appearing at the Website is provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. We derive such information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
7.6 We do not verify and assume no liability for the accuracy of the content of client websites and we have no liability for the quality, safety or legality of your content or the truth or accuracy of the Content provided to us by you.
7.7 We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted on your Website. We will not be liable for any loss arising from any action or decision that you make regarding the Content of your Website.
7.8 You acknowledge that we are a distributor, not a publisher, of content on your Website. We are not responsible for and accept no liability in respect of any material therein. Our editorial control is limited to the selection of materials you make available, although we reserve the right to review any Content submitted by you. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
7.9 Where the information made available on your Website contains opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice. We do not accept liability for loss or damage caused by the users reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
8. Payments and Refunds
8.1 When making payment for any service offered by us you will pay by credit card unless otherwise agreed by us. You are solely responsible for complying with our terms and conditions. Refunds will only be available in the event of an erroneous double charge or as otherwise required by law.
Registration Name: Websites By Cliicks
Place Registered: Victoria, Australia
PO Box 1060 Bendigo Vic 3550
ABN 58 117 159 289
Email Address: contact@cliicks.com
8.2 Initial fee upon sign-up is 50% Inc GST due no later than 7 days after sign-up. Each successive payment is due and will be debited from your valid credit card on the first day of each consecutive month there after. All payments must be made in Australian Dollars AUD.
8.3 If payment default occurs the following action may be taken:
- a) After 14 days with no client contact to discuss and remedy the situation the outstanding amount will be debited from your credit card on file.
- b) After 30 days with no client contact to discuss and remedy the situation, interest of 12% on the default amount plus the Late Fee will be applied until the account is brought up to date.
- c) After 90 days with no client contact to discuss and remedy the situation a default of contract fee will be applied at $500 plus GST and the services provided to you by Websites by Cliicks will be canceled.
9. Copyright
9.1 Copyright in the Websites by Cliicks Website (including text, graphics, logos, icons, sound and audiovisual recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website or
- b) commercialise any information, products or services obtained from any part of this Website without our prior written permission.
9.2 Copyright in the Websites by Cliicks Website Templates is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of these Website Templates or
- b) commercialise any information, products or services obtained from any part of these Website Templates
10. Trade Marks
10.1 "Websites by Cliicks" and various trade marks appearing at the Website are owned by us.
10.2 If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- a) in or as the whole or part of your own trade marks
- b) in connection with activities, products or services which are not ours
- c) in a manner which may be confusing, misleading or deceptive or
- d) in a manner that disparages us or our information, products or services (including our Website).
11. Restrictions and Limits
11.1 Unless we agree otherwise in writing, you are provided with access to this Website only for your personal or business' own use. You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.
11.2 You must not use your Website:
- a) in breach of any laws or regulations
- b) to impersonate any person, organisation or entity
- c) to transmit unsolicited emails/spam
- d) to defame, abuse, harass, threaten or otherwise harm any person.
11.3 You must not:
a) upload, post, transmit or otherwise make available on your Website any content that
- (i) promotes, encourages or provides information about unlawful conduct or activities
- (ii) infringes any third party's intellectual property rights or breaches confidentiality
- (iii) includes a photograph or other likeness, or personal information of another person without their consent
- (iv) contains pornography, nudity, sexual acts or references
- (v) contains profanities, swearing, or vulgarity
- (vi) you reasonably suspect to be misleading, false or deceptive
- (vii) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure
11.4 Your basic website may be up to 5 pages and up to 5 email addresses are allocated to your domain. Additional email addresses are available.
12. Age
12.1 You affirm that you are aged 18 years or over, or if you have not yet reached the age of 18 years, that you have legal parental or guardian consent to use Websites by Cliicks services and you accept these terms and conditions in full.
13. Indemnity
13.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with any use of your Website and any breach of these Terms and Conditions or applicable law.
14. Linked Websites
14.1 This Website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
14.2 We are not responsible for the content or privacy practices associated with linked websites.
14.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
15. Privacy Policy
15.1 We undertake to comply with the terms of our privacy policy which appears on the Website.
16. Security of Information
16.1 No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
17. Termination of Access and Cancellation
17.1 The operation of, and your access to your Website may be terminated (whether temporarily or permanently) at any time by us without notice if a breach of these terms and conditions occurs. Those terms and conditions capable of surviving termination will survive any such termination.
17.2 The Client may at any time cancel a hosting service with 30 days written notice.
18. Waiver
18.1 Our failure to take action with respect to any breach by you or others do not waive our rights to take action with respect to subsequent or similar breaches.
19. Governing Law
19.1 To the extent permissible at law these terms and conditions are governed by the laws in force in Victoria, Australia.
20. Amendments to Terms and Conditions
20.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of your Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
21. Acceptance
21.1 By using the services of Websites by Cliicks, you acknowledge that you have read, understood and accept the above terms and conditions in full.