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1.       Provision of Services

1.1   Netvantage Internet. Mailing address PO Box 2552 Chermside 4032 ABN 28 823 206 498 will provide you with the services set out  in your confirmed Web Plan. Only those services mentioned will be provided by Netvantage Internet and any amendments, addons or schedule changes must be agreed to in writing. This and the following clauses are the General terms and conditions on which those services are supplied and together with the Web Plan form the total agreement between us.

 

2.       Costs and Payments

2.1   You must pay all charges as set out in the Web Plan. As prices quoted on Netvantage Internet material may change at any time without notice, please check the price on your Web Plan before confirmation.

2.2   You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions..

2.3    You will be invoiced as agreed in your Web Plan. All accounts are payable within 14 days of invoice.

2.4    You are liable to pay overdue interest at 5 % on any amounts not paid within 14 days of invoice. All intellectual property rights remain with Netvantage Internet until payment.

2.5    You must pay Netvantage Internet's charges without any set off, counter claim or deduction unless same is agreed in writing between us.

2.6    Netvantage Internet reserves the right to prioritize early paying clients and to charge urgency fees for turnaround within 3 working days. (VIP status)

2.7    Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 10 working days of confirmation of Order. Netvantage Internet reserves the right to revise costings if that condition is not met in line with charges applying at the relevant time.

3.       Limitation of Liability

3.1    All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by Netvantage Internet not contained in the Agreement are excluded and Netvantage Internet WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.

3.2    Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of Netvantage Internet's relationship with you, or otherwise gives you a particular remedy against Netvantage Internet and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between Netvantage Internet and you. However, Netvantage Internet's liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at Netvantage Internet's option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.

3.3    You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.

4.       Suspension of Services

4.1    Netvantage Internet reserves the right to suspend services in any case where you fail to perform your obligations under this agreement or your usage exceeds aceptable usage limitations as judged by Netvantage. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.

4.2    Netvantage Internet may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Netvantage Internet.

5.       Termination

5.1    Netvantage Internet may discontinue services if an amount payable to Netvantage Internet is overdue or take down a website permanently in any case where an amount payable  is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Cancellation requests must be received by Netyvantage internet a minimum of 15 days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Netvantage internet does not monitor, and will not automatically cancel, plans for issues related to domain name transfers, your ISP, non-usage, InterNIC, or any other secondary issues not directly related to Netvantage Internet's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Netvantage Internet reserves the right to cancel any account, at any time, without notice, for any reason contained in our Terms & Conditions or Acceptable Use Policy as The ICT Shak considers appropriate.

Cancellation of service requests must be lodged by client either by:
1. using your Client Area at https://accounts.netvantage.com.au and navigate to the Account Cancellation form located under Services -> My Services, Open View Details to the account in question. Under Management Actions select Account Cancellation and fill in the appropriate information.
OR
2. emailing support@netvantage.com.au and advising Netvantage Internet of the exact cancellation of your services.

Any payments already collected for the current billing cycle will not be refunded.

6.       Contents of Web Pages and Undertakings

6.1    You will be solely responsible for the content of your Web Page. Netvantage Internet is not responsible for proofreading the content of site unless specifically agreed.

6.2    Netvantage Internet makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.

6.3    If you provide Netvantage Internet with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Netvantage Internet against any action taken against Netvantage Internet by any such third party. 

6.4   Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.

6.5    Netvantage Internet for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.

6.6    You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.

7.       Technical Support, Changes and Maintenance

7.1    Technical assistance via telephone or email will be offered. Extensive queries taking more than 15 minutes to deal with or site maintenance will be charged at hourly rates. See particulars of hourly rates in our Fee Schedule. Site updates will be billed in an half-hourly increments.

8.       Web Hosting

8.1    If you choose to organise your web hosting arrangements yourself, final exported sites will be uploaded to your preferred host company at the cost set out in the Fee Schedule section on our web page. Construction files of the site can be supplied on request at the Fees set out in the Fee Schedule.

8.2    Please note that Netvantage Internet accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs)

9.       Dispute Resolution

9.1    The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:
  • Clearly communicate in writing the background facts leading to or causing the dispute
  • Set out clearly what action is required to settle the dispute
  • Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
  • Discuss specific means of avoiding such disputes in the future
9.2    Attempts to resolve the dispute must follow the following procedure:
a)       The person complaining shall set out in writing the background, the issues and the outcome desired.
b)      The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired.
c)       If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR) provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar government department within 10 business days.
d)      If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final.
e)       In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 7 days of disagreement and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute.
f)        Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the this dispute settlement procedure.

 

10.    Intellectual Property

10.1       All creation files remain the property of Netvantage Internet.

10.2       Netvantage Internet retains the Copyright in and the right to use all artwork created in advancing the profile of Netvantage Internet and to be recognized for artwork created by Netvantage Internet.

10.3       Netvantage Internet shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, Netvantage Internet shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.

10.4       Netvantage Internet observes Privacy Laws and Guidelines relating to personal data.

11.    Search Engine Placement

11.1      Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed.

11.2      We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results in response to a search request.

12.    General

12.1       If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.

12.2       Written communications between us may take the form of letters, formal documents, faxes or emails.

12.3. Credit Card Charge Back
A $35.00 chargeback fee will be assessed for each credit card chargeback received by Netvantage Internet.

12.4  Reactivation after suspension

Customers that wish to reactivate a closed account will incur a $75 reactivation fee. A further fee may be assessed if The ICT Shak is required to restore your data files to your reactivated account.

 


Contact Us:

By Phone
PH: 1300 367 567



By Post

Netvantage Internet
PO Box 2552 Chermside 4032