Please read and understand the agreement details below. If you use our services you are bound by the agreement.
This Service Agreement (“Agreement”) is between OrganicWeb, having its principal place of business at Ashgrove, Queensland, Australia and any persons receiving services from OrganicWeb (or any trading names of OrganicWeb) . In this Agreement, the party who is receiving the services shall be referred to as the “Client” and the party who will be providing the services shall be referred to as “OrganicWeb”.
1. DESCRIPTION OF SERVICES. OrganicWeb provides Internet related services in addition to software services, marketing services and training.
2. PAYMENT FOR SERVICES AND EXPENSES. Unless agreed in writing otherwise, all payments due to OrganicWeb are to be received by OrganicWeb within 7 days of invoice date or at time of purchase (as specified). OrganicWeb accepts payment via deposit into OrganicWeb’s bank account, Mastercard and Visa.
If an ongoing monthly service provision agreement is in place, in consideration of the provision of the Services, the Client will pay OrganicWeb monthly upon receipt of invoice for hours billed for Services based on receipt of an invoice from OrganicWeb.
If ongoing maintenance services (such as software updates) or website hosting services are provided by OrganicWeb to the Client, in consideration of the provision of the Services, the Client will pay OrganicWeb monthly or quarterly in advance via Visa or MasterCard.
3. TERM / TERMINATION. This Agreement may be terminated by either party at any time by giving to the other not less than a 24 hours notice. If work has begun on the project or service provision, OrganicWeb reserves the right to retain any moneys paid in advance or charge a reasonable amount for work performed in respect of which work no fees have previously been charged.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that OrganicWeb is and shall remain an independent contractor with respect to the Client and not an employee of the Client.
5. CONFIDENTIALITY. OrganicWeb will not at any time disclose to any third party any information that is identified as confidential by the Client. OrganicWeb will reasonably protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
6. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties, and supersedes any and all previous representations, warranties, undertakings, and Agreements.
7. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
8. NOTICES. Any notice may be given by delivering it to the other party at the above address or otherwise allowed by law.
9. DELIVERY. The parties may agree on a timetable for delivery of the Services, which also forms part of this Agreement.
10. LIABILITY. OrganicWeb shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from any services, software or documentation produced by OrganicWeb. The sole responsibility for content and functionality of any service or document produced by OrganicWeb, or accessed by OrganicWeb, rests with the Client.
In addition, OrganicWeb shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from any service update, software update, web content, web hosting malfunction or security breach resulting directly or indirectly from any service provided by OrganicWeb. The sole responsibility of the the Clients software, services and data and its security measures rests with the Client.
Furthermore, OrganicWeb shall not be held liable for any delay or failure to perform, resulting directly or indirectly from any causes beyond the reasonable control of OrganicWeb.
It is the responsibility of the Client to ensure that all data, software and services are available for restore via a valid recent backup for any data, software or services for which the Client has given OrganicWeb access. OrganicWeb is not responsible for the loss or malfunctioning of any Website, data or service.
If OrganicWeb provides software update services, the Client agrees that OrganicWeb is only able to apply updates where the Client has a valid license for the software and where the software may be updated using a remote service of the choosing of OrganicWeb.
11. INDEMNITY / INSURANCE. The Client agrees to indemnify OrganicWeb from any claim or demand, including solicitors fees, arising out of your use of OrganicWeb services, including any violation of this Agreement by the Client or any other person using the Client’s account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers, and infringement of intellectual property or other rights.
12. CHOICE OF LAW. The applicable law to the Agreement and to disputes arising out of the subject matter of this Agreement is the law of the state of Queensland, Australia.
