Clicks2marketing Terms and conditions

In order to become a customer of Clicks2Marketing, or a user of any and all Clicks2Marketing services including webdesign services, domain name registration, website hosting,graphic design, emarketing and search engine marketing, you must agree to the following terms and conditions.

cancellation & refunds

1.    All deposits and fees paid are non-refundable after the design brief is returned to Clicks2Marketing or after 30 days has elapsed since the date of deposit paid. Refunds will be less an $70+GST admin fee.
2.    Once the design brief is submitted to Clicks2Marketing, all design fees are payable in due course. No cancellations will be accepted and no refunds will be given.
3.    The usability, functionality and/or limitations of both the eWeb and eShop content management systems is no reason for not paying the balance of your website. If you require a particular functionality Clicks2Marketing provides demos of both CMS programs that you can trial prior to signing the terms and conditions.
4.    Fees charged on a monthly basis are non-refundable.
5.    Please contact our admin team for cancellation of monthly service.
6.    If a customer contravenes the Clicks2Marketing terms and conditions, the service will be terminated immediately with no refund.

General

1.    Clicks2Marketing reserves the right to refuse service and/or access to its products and servers to anyone.
2.    Clicks2Marketing reserves the right to suspend or cancel a customer’s access to any or all services provided by Clicks2Marketing when Clicks2Marketing decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
3.    individual accounts are to be used by the account holder only. Individual account holders are not permittedto sell, resell, store or give away Clicks2Marketing services to other parties.
1.    Illegal material, including copyrighted works, commercial audio, video, ormusic files, and any material of any type in violation of any Federal, State orLocal law or regulation anywhere in the world.
2.    Scripts – Any Script that creates a load on the server will be removed.
3.    Adult material, including pornography, erotic images, or otherwise lewd orobscene content of any type. What constitutes “adult material” is entirelyat the discretion of Clicks2Marketing.
4.    Warez, including pirated software, ROMS, emulators, phreaking, hacking,password cracking. IP spoofing, etc., and encrypting of any of the above. Alsoincludes any sites which provide “links to” or “how to”information about such material.

Website design & support

1.    You will receive designconcepts, and a slight variations of each concept by email based on the designbrief you submit. You can request a reasonable number of changes to theconcepts until the design is to your satisfaction, approx 2-3 is normal, though this is an extimate. If you are really struggling, we’ll come to you and help you decide.
2.    All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images etc, unless otherwise agreed by Clicks2Marketing.
3.    All Clicks2Marketing website designs remain the copyright of Clicks2Marketing, and due to the  content management system and eShop licensing restrictions cannot be moved away from Clicks2Marketing servers without incurring a $299 transfer fee.
4.    If a logo design has been ordered, this will need to be signed off before the website design is commenced.
5.    Support and video manuals are available free of charge in each user account and on Clicks2Marketing.com to assist customers update their websites.
6.    Clicks2Marketing sites are self managed and Clicks2Marketing is not responsible for any copy, editing or updating of your website. Clicks2Marketing is under no obligation to do any work on your website unless contracted to do so.
7.    Clicks2Marketing has a business hours help desk available by phone or email 9am-5pm AEST. This service is provided to direct you to information to solve any problems related to the site. This service is only available to premium members.
8.    Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. Clicks2Marketing will monitor your usage and if Clicks2Marketing anticipates that your website may require more bandwidth/disk space your allocation will be increased. When additional bandwidth/disk space is purchased, the activation of the web space is provided as the website requires it up to the purchased amount. Although Clicks2Marketing monitors the bandwidth disk space usage of the website, magicdust does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
9.    On all Clicks2Marketing websites there is an built-in authorship page that links to the Clicks2Marketing website. This page is linked from the footer of the client’s website. Neither the footer link nor the authorship page can be removed.

Graphic design

1.    Clients will receive at least 3 logo design concepts, by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction, approx 2-3 rounds of changes are normal.
2.    Sign off: when the design is completed the client will receive the final logo design files via CD in the mail.
3.    Any further changes after sign off will need to be quoted and billed separately.
4.    All Clicks2Marketing logo designs remain the copyright of the client.
5.    Magicdust provides the artwork in a print ready file for your use. It is the client’s responsibility to check all copy, contact details, email, website addresses etc. Clicks2Marketing, or the designer will not be held responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to: Spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colours before printing.
6.    Please note premium photos are not included in the graphic design
5.    domain registration?magicdust does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

Taxes

Clicks2Marketing shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using Clicks2Marketing’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.

Material and products?The Customer agrees that he or she has the necessary knowledge to maintain the eWeb or eShop website. The Customer agrees that it is not the responsibility of magicdust to provide this knowledge or customer support outside of the defined service of the magicdust eWeb or eShop support. magicdust will exercise no control whatsoever over the content of the information passing through the network.

Disclaimer

1.    Clicks2Marketing and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Clicks2Marketing is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
2.    Clicks2Marketing makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. magicdust also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
3.    Use of any information obtained by way of Clicks2Marketing is at the Customer’s own risk, and magicdust specifically denies any responsibility for the accuracy or quality of information obtained through its services.
4.    Clicks2Marketing expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. magicdust specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
9.    trademarks & copyrights ?The Customer warrants that it has the right to use the applicable trademarks, if any.
10.    hardware, equipment & software?The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Clicks2Marketing websites. Clicks2Marketing makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the magicdust service.
11.    limited liability
1.    The Customer expressly agrees that use of Clicks2Marketing websites and services is at the Customer’s sole risk. Neither Clicks2Marketing, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the magicdust service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the magicdust servers, unless otherwise expressly stated in this Agreement.
2.    Under no circumstances, including negligence, shall Clicks2Marketing, its officers, agents or anyone else involved in creating, producing or distributing Clicks2Marketing services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Clicks2Marketing website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Clicks2Marketing’s records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Clicks2Marketing’s servers.
3.    Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
12.    lawful purpose ?The Customer may only use Clicks2Marketing servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
13.    indemnification?The Customer agrees that it shall defend, indemnify, save and hold Clicks2Marketing harmless from any and alldemands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (”Liabilities”) asserted against Clicks2Marketing, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold bythe Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless magicdust against Liabilities arising out of
1.    any injury to person or property caused by any products sold or otherwise distributed in connection with Clicks2Marketing’s server
2.    any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
3.    copyright infringement
4.    any defective product which the Customer sold on the Clicks2Marketing Server
14.    governing laws? This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales Australia.
15.    severability? Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
16.    contract revisions? Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Clicks2Marketing, services as specified in Section I. Financial Arrangements.

Transfer

1.    The Customer may not transfer this agreement without the written consent of Clicks2Marketing.
2.    Clicks2Marketing websites cannot be transferred away from Clicks2marketing servers. Domain names will always remain the property of the Customer.
18.    This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.