Parties to this Agreement

This agreement is between Icologi Pty Ltd ("Icologi") and you, the client.

Changes to these Terms and Conditions

Icologi reserves the right to alter these terms and conditions at any time. Changes to these terms and conditions become effective immediately, and relate to all clients and all contracts - except where a separate set of terms and conditions have been provided directly to you by mail, fax or email.

Icologi Business Services

These terms and conditions govern the following services as provided by icologi:

• web site development
• commerce enabled software
• web site hosting
• domain name registration
• intranet development.

Icologi may from time to time vary these services.

Third party Services

Icologi does not provide warranty of any sort for third party technology or services used.

Intellectual Property Rights

Icologi acknowledges that you do not assign to Icologi any of your intellectual property rights in any of the content or trademarks, service marks, trade names, logos provided or any business service.

You retain the right to control, direct and otherwise maintain the artistic direction of the web site.

This agreement does not assign to you any of Icologi’s intellectual property rights in any material created by or provided by Icologi in connection with the Icologi Business Services. You acknowledge that all intellectual property rights in any material created by or provided by Icologi in relation to Icologi Business Services rest in Icologi upon creation.

Title to Data

Data that you provide to Icologi in the production of this Web site remains your property. Information acquired by the site is your property.

Confidentiality & Privacy

Information provided by you to Icologi in the production, maintenance and life of this Web site remains your property and as such Icologi undertakes that this data will not be shared, provided to, or access granted to any non-authorised persons, companies or organisations. This undertaking is provided subject to all state and federal laws. Icologi would appreciate access to this site for the purposes of promoting Icologi business services.

The Owners/Directors of each website should be aware that there are federal laws governing consumer privacy and should take all reasonable steps to ensure that business services provided by them via this web site fully complies with this.

Warranty

Icologi warrants that the software will perform substantially in accordance with this written document. Icologi further undertakes to ensure that errors or anomalies defined as bugs within the software will be corrected at no charge provided that the version of software is still the current version, as indicated by the version number displayed, or at the discretion of Icologi.

Maintenance & Support

Software maintenance and support will be provided during normal office hours for the period covered by any maintenance contract or for any period or condition covered by separate agreement.

Monthly Technical support will consist of unlimited free email support for issues covered by our service level agreement. Additional tech-support tickets may be lodged, and responses will be billed at $95 +gst per hour, billable in a minimum of thirty minute increments.

Technical support issues that are the responsibility of Icologi or its affiliated service providers will be provided at no charge to the client.

Support tickets will be responded to within a maximum period of twenty four hours - or the next business day.

All technical support services will be provided by Icologi and payable directly to Icologi.

Content Supplied to Icologi

You warrant that all content that you supply to the web site complies with all applicable laws and does not breach or infringe any other person’s rights (including intellectual property rights and copyright). You also ensure the accuracy of all information that you provide to the web site and accept full and complete responsibility for the publishing of that information.

Limitations of Liability

To the fullest extent possible under law, Icologi expressly disclaims and excludes any representation or warranty implied in relation to this agreement or any performance or activity there under. Icologi’s liability for any Business Service excludes any indirect, special, economic or consequential loss, or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by you. Icologi makes reasonable efforts to ensure that the web site will be publicly available via the Internet 24 hours per day, 7 days per week. Icologi does not guarantee such availability. Icologi, its affiliates, subsidiaries, shareholders, officers and directors, agents, and employees shall not be liable for consequential damages or any loss of any kind, including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information or any pecuniary loss arising out of the use of, or inability to use Icologi Business Services.

Furthermore, to the extent required by law, Icologi liability will be limited to (a) the re-supply of services or payment of the cost of re-supplying the service, whichever Icologi determines in its sole discretion; or (b) replacing or repairing the goods or their equivalent or the cost of doing so, whichever Icologi determines in its sole discretion. Icologi is not liable for the loss of any content or data, any delays, misdeliveries or service interruptions arising from the loss of Internet access or anything, which is within your control.

Non-Payment of Accounts

In the event that you fail to make payment on any account, according to the terms of that account, related to the delivery of web, email or sms services, Icologi reserves the right to immediately suspend access to all digital marketing services being provided to you.

This may include:

• suspension of email
• suspension of editing privileges for website
• suspension of website visibility on the world wide web
• deactivation of hosted email and sms marketing services
• cancellation of hosted website and email services

Should you continue to with-hold payment for a period of more than one month from the time an account falls due, Icologi reserves the right to completely terminate all services, and to seek restitution of all outstanding funds through a court of law.

Any fees associated with the collection of funds outstanding under the terms of your agreement will be payable by you.

Pricing

All prices quoted are in Australian dollars.

Legals

All aspects of Icologi's business services are subject to Australian law.