1. Definitions
1.1 The “Customer”, ‘you’ or ‘your’ means or refers to the company, firm or individual who has placed the order for a Practice Advantage Service
1.2 ‘Service’ means the services you purchased are identified in the Order Forms, Order Confirmations and Invoices and Welcome letters we sent you after we accepted your order. Details of the Services are also displayed on our website.
1.3 The “Server” means the hosting facility contracted by Practice Advantage to provide web based storage space, domain name registration services, and a connection to and from the Internet for web and email services to the level specified in the package you selected.
1.4 These terms must be accepted in conjunction with our Privacy Policy and our Acceptable Use Policy
1.5 ‘Practice Advantage’, ‘we’, ‘us’ or ‘our’ means or refers to Practice Advantage Pty Ltd (ACN 106 480 139) of Suite 22, 838 Old Princes Hwy Sutherland NSW 2232 AUSTRALIA
2. General
2.1 The terms and conditions of this Agreement shall apply between us in respect of the Practice Advantage Service provided to you by Practice Advantage.
2.2 By entering into this Agreement you do not and shall not rely on any representation or understanding (whether oral or in writing) which is not included or referred to in this Agreement.
2.3 You agree that acceptance of these terms and conditions and our Privacy Policy and Acceptable Use Policy occurred when we accepted your order for goods or services
3. Terms of payment
3.1 All charges payable by you to us for the Services will be in accordance with the rates displayed by us on our website and order forms. The price of the Services we provide you will remain fixed for the period covered by the payment; that is, monthly or annual. After that time your charges will be at rates current on our website or offer accepted at the time the Service is renewed.
3.2 Prices published on our web site are in Australian dollars and inclusive of any government taxes or charges unless otherwise noted.
3.3 The provision of services is dependent upon our having received payment all monies due under the terms of your order.
3.4 When you provide us with your credit card details, you give us authorisation to debit your credit card for all charges. If you make payments on a monthly basis the payment cycle begins from the first day of the month following your order.
3.5 Practice Advantage reserves the right to commence charging monthly payments immediately after receipt of order even if even if the site has not been made live on the internet, provided that Practice Advantage has met all its obligations in creating the site and the delay in making it live is due to delay on the part of the Customer.
3.6 It is your responsibility to ensure that you have sufficient credit available on your credit card. In the event that a credit card is declined when processed, Practice Advantage Pty Ltd will attempt to reprocess the payment with three days.
3.7 If the credit card is continuously declined Practice Advantage Pty Ltd will notify you in writing and allow five days for you to make funds available on the credit card provided, or provide an alternative credit card.
3.8 No refunds will be given for unused portions of payments in advance (including payment of yearly contracts) unless the account has been terminated due to our breach of these terms and conditions.
4. Renewal
If you have selected a subscription or web based service, your service account will be automatically renewed over for a further equal term in accordance with your payment period (monthly or annually) unless terminated. We require that you provide us 90 days notice days before the end of the term if you wish to cancel or alter your Service
5. Security and Data Protection
5.1 We will cause to have your data archived on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will cause to have your data restored from the last known good archive. In the event of corruption of all of our archives, or in the event that an old archive is used to restore data, you should be prepared to upload your data to your web site. You must maintain a recent copy of your data at your premises at all times. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from our backups.
5.2 We undertake that we will maintain reasonable security measures to protect the security and integrity of any data or personal or confidential information stored on our system.
6. Registering a domain name
6.1 Practice Advantage does not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. You should refrain from any action in respect of your requested domain name(s) until you have confirmation that your requested domain name has been registered.
6.2 Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them.
6.3 We accept no responsibility in respect of the use of a domain name by you or the failure to have a name successfully registered.
7. Renewal of domain name registration
7.1 We are not obliged to renew your domain name if you do not confirm to us that the domain name should be renewed. We are not liable for any loss or damage resulting from non-renewal of your domain name.
7.2 You acknowledge that our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date.
8. Website and search engine submissions
8.1 Whilst we do submit sites to search engines and directories, we cannot guarantee listings. Each search engine and directory have their own listing policy which is outside of our control and therefore we are unable to guarantee positions, search ranking or even a listing. Some directories are manually submitted to, and manually listed. As a result there can be up to a six month delay from submission to listing.
9. Warranties and Indemnity
9.1You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
9.2You warrant that you will keep secure any passwords used with the Service and that you hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.
9.3 You further warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
9.4 You undertake that you will conduct tests and computer virus scanning as may be necessary to ensure that files provided to you or downloaded by you from the server does not contain any computer virus and will not in any way, corrupt the data or systems of any person.
9.6 You agree to indemnify us in respect of any damages, costs, expenses or any other
liability whatsoever that we may incur (including but not limited to economic losses,
administrative losses, loss of future business or any expenses or costs legal or
otherwise) arising from a breach of these warranties or arising from your negligence or omission or your breach of this Agreement
10. Liability of Practice Advantage
10.1 We accept liability for the supply of the Services to the extent provided in this agreement.
10.2 We do not warrant that:
the Services provided under this agreement will be uninterrupted or error free;
the Services will meet your requirements, other than as expressly set out in this agreement; or
the Services will be free from external intruders (hackers), virus or worm attack.
10.3 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, delay in delivery, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
10.4 We make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, including potential marketing benefits arising from the use of our Service.
10.5 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to
the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
the repair of the goods or payment of the cost of having the goods repaired;
the supplying of the Services again; or
the payment of the cost of having the Services supplied again.
10.6 In no event will we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
10.7 We specifically exclude any warranty as to the accuracy or quality of information received by any person via your website and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.
10.8 Practice Advantage takes no responsibility for any loss incurred by any client or associate of the Customer in respect of any action taken or refrained from in consequence of the technical content included on the Customer’s website or publications.
11. Ownership and Copyright
11.1 Practice Advantage shall be owner of and beneficially entitled to the copyright and all other rights of a like nature in all content supplied by Practice Advantage.
11.2 Unless otherwise specifically stated, no electronic material purchased from Practice Advantage may be used for any medium other than the one stated.
12. SUSPENSION AND TERMINATION OF THE SERVICE
12.1We may suspend or terminate your account if you breach any of these terms and conditions, or if you become insolvent or you are declared bankrupt.
12.2 From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
12.3 If Service has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee of $275.00.
12.4 If you wish to terminate your account with us for any reason you may do so by giving us 90 days notice in writing. Unfortunately it is one of the requirements of our multi-currency merging facility that any annual subscriptions paid up front are non-refundable. If you pay by the month, you are still free to cancel at any time. However the unexpired portion of your subscription is not refundable.
12.5 If we wish to terminate your service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice. In this circumstance, we will refund any remaining unused credit on your account.
12.6 If your account is closed for whatever reason you must pay all outstanding charges immediately.
13. Assignment
13.1 You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
14. Changes to Terms
14.1 We may change the terms and conditions of this agreement at any time. Details of our current terms will always be available on our website.
15. Notifications & Communications
15.1 All notifications under this agreement will be by email to your nominated internet address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of our service to you.
16. Interpretation
16.1These terms and conditions constitute the entire agreement between Practice Advantage Pty Ltd and you. It supersedes all prior agreements, understandings and representations whether oral or written.
16.2 If any provision set out in this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and
remainder of the provisions held invalid shall not be affected.
16.3 These terms and conditions are governed by the laws in force in the New South Wales. Both parties agree to submit to the exclusive jurisdiction of the Courts of that State.
