Terms and condition

The following terms and conditions apply to all the individuals or companies involved in receiving the services or provision of service provided by Apex Media Pty. Ltd.

Service:

 We provide you the services and continue to provide you the services with our best possible extent. However, we do not guarantee that any of the services we provide you, will not have interruption or will not suffer Server’s technical problems.

Intellectual property Rights

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.

Account Fee

If you nominate that the good(s) or service(s) you have purchased to be invoiced, you will be charged a $4.40 account fee per invoice issued.

Late payment fee

If you exceed our thirty (30) days credit terms, you will be charged an $11.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.

Protection and Insurance consent

 You agree to make no harm or keep us against all claims brought against us by the third party, for all the services and the provision of service that we provide you on use of the server in case of any losses, damages, expenses incurring any legal expenses and costs, liabilities, costs, actions, proceedings and claims whatever suffered by you or if in any case incurred by us to you under the condition of your negligence, non-observance or breach of these terms. In such case you are responsible for the indemnity and continue to indemnify.

Termination consent

  • We may terminate this agreement immediately if you on any time fail to or do not make the due payment on the due time.
  • We may terminate this agreement forthwith if you in any case breach any of the terms and conditions, or if you are a company and the company goes in the state of bankrupt liquidation, or if you as a person responsible go bankrupt.
  • On termination of the agreement we hold the right to remove all the contents of your Web Site and block your Web Site. We allow you to collect your data and give you the time of 14 days. We hold the right hold the data for $150 per hour from the hour of termination of agreement and collection of the data. We hold the right to delete the contents of the Web Site or all the data if you fail to make the payment or collect the data. We also have the entitlement to post notices of termination of your agreement and non-availability of your Web Site in our own interest.
  • If in any case you would wish to terminate the agreement with us you must write a termination letter stating your reasons for termination. No termination request will be accepted if delivered verbally. If the forms or letters are not filled out you are responsible for the liability, as you will be charged for the renewal according to the subscription period you have agreed to follow in the past.
  • On conformation of your termination request, Apex Media will cancel requested service on the first available opportunity.
  • There will not be any refunds available once the invoice has been developed. However, it may be taken under consideration if the invoice of service has been made after the request of termination form has been submitted and agreed.

Payment consent

We charge you the amount that you need to make within the allocated time are charged according to the amount specified in our Web Site and according to the type of service that we provide you for the time being of termination of the contract. Thus it is required by you to make the payment within 15 days after the generation of invoice.

  • The service that you get from us is contingent upon the required amount of complete due payment made by you in relevance to the service. On failure to receive the full payment that need be made by you within the specified time, we reserve the entitlement to suspend the service that we provide you, immediately at our sole discretion without any prejudice to any of our other services entitlements under this agreement.
  • On failure to make the due payment within the specified time, you will be liable to the cost of collection of the data of your web site. This collection cost will include interest on any over due amount from due date of payment which is calculated at daily rate of 12% per annum.
  • Upon the provision of credit card, you provide us the authority to debit your credit card automatically for the charge of the relevant service we provide you on issue of valid invoice.
  • If you know about your late payments you need to acknowledge that after getting the invoice of due payment to be made by e-mailing us at the accounting and sales solution. If you do not advice us about the late payment you will be charged the late payment fee for the administration cost and phone calls.

Search Engine Optimisation

We will provide you with the best service and try to improve the choice of your Web Site in the Search Engine as a response to your search request. However, we do not warrant that this is a guaranteed service.

  • We cannot and will not be responsible for any changes to the position of your Web Site as a result of your search request in the Search Engine.

Reseller

  • If you become a reseller of Apex Media Pty. Ltd., you must ensure that you comply and continue to follow the terms and conditions by making your customers bound to no less comprehensive and protective terms and conditions than these
  • You agree that in your capacity as reseller of our services you will not incur any liability on our part or in any way pledge or purport to pledge our credit or purport to make any contract binding on us.
  • We do not accept the liability or default of your own customers as affecting or limiting your obligations under this agreement and we suggest that you require your customers to sign a form of this agreement.
  • As a reseller of our Services, you are responsible for ensuring that any promotional, advertising or other material you distribute to your customers (whether in paper form or electronically):
  • does not contain any misrepresentation relating to Apex Media or the nature of your relationship with Apex Media;
    b. is in accordance with all applicable advertising standards;
    c. does not contravene any law of the relevant jurisdiction;
    d. is appropriate in all the circumstances
    and that you otherwise comply with all laws and regulations governing the exercise of your right as reseller under this agreement.
    e. retain the right to require you to cease distribution of any advertising, promotional and/or other material which in our view is unacceptable by reference to the criteria referred to at paragraph 4 above.
  • You agree to indemnify, keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of our ervices by you to your customers, 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 as a consequence of your breach or non-observance of the Reseller and ISP Terms.

Refund policy

We do not provide any refund for the service we provide you.

Domain name registration terms

  • We do not provide you the warranty or any guarantee that the domain name of your request for registration is capable for registration under your requested name. Thus, you will not be able to take any type of claim or action in relevance of domain name(s) of your request, until we notify you that your domain name has been registered.
  • You have the responsibility over the complete knowledge of the naming authority’s terms and conditions for; the registration of domain name and its ongoing are subject to the naming authority’s terms and conditions. On refusal of the naming authority’s decision over your domain name registration, you will unalterably dispense any claims that you may have against us. Thus, on such condition any administration charge that you pay to us will not be refundable at any time.
  • You will have the total responsibility on resolving any type of dispute, arising due to use of domain name, between you and any individual or a company and you will not involve us in any condition in this dispute in relevance of the domain name. We have the right not to give any reason in such condition and have the authority to act according to our judgment to suspend the domain name and/or make suitable representation to the naming authority.

Important terms

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
a. in relation to goods
i. 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
ii. the repair of the goods or payment of the cost of having the goods repaired; b. in relation to services i. the supplying of the services again; or
ii. The payment of the cost of having the services supplied again as in each case we may elect.

Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Invalidity

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

Assignment

We, but not our obligations may assign the benefit of this agreement to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. 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.

Changes to terms and conditions

We may change the terms and conditions of this Agreement at any time. Details of our current terms are available at www.apexmedia.com.au

Total Agreement and Governing law

These terms and conditions constitute the entire agreement between Apex Media Pty. Ltd and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and Apex Media Pty. Ltd.

This agreement shall be governed by the laws in force in the state of New South Wales. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.

 
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