Definitions
Service Provider: Hereinafter SEO Toolkit will be referred to as the Service Provider. This is limited to its employees, sub-contractors and others not mentioned throughout the site who maintain the functionality of the entity.
We / Us / Our: Refers to SEO Toolkit and associated entities.
Secure Location: The location is unspecified for security reasons; however the information is secure and not accessible by anyone except for the members of the Service Provider.
Customer: Entity who is in correspondence or in contract with the service provider.
Ownership: This includes all rights, content (where applicable) and any other information to any product or service provided by the service provider.
Use of Services
2.1 Servers
The use of any of our servers will be bound to the terms and conditions specified below in this agreement and other information that is made available to the public.
The Customer is not to use this service in any way to break state, local, federal or international laws. Customers agree that the Service Provider may remove any information that it finds or is reported to be unlawful. The Service Provider reserves the right to termination / remove the Customers account if it feels that the information on the servers is unlawful.
The Customer or end users of services supplied by the Service Provider will not be used in anyway to send unsolicited bulk e-mail, post to news groups in anyway that do not comply with terms and conditions specified on that group which can be traced back to our servers or the respective network, the Customers website or the Customer.
Content which cannot be stored on the Service Providers server includes the promotion of SPAM, bulk email, illegal websites or activities, abusive or hate websites.
2.2 Abuse
The Customer must not abuse, threaten the Service Provider in anyway. This will not be taken lightly by the Service Provider. The result will be instant Termination of any contracts with the Service Provider and the Customer, and a total ban of trading and communication of any form with the Service Provider.
2.3 Termination of services
If the Customer does not abide by the terms and conditions in this document or any other document provided by the Service Provider it will result in instant termination without considerations of reasoning given by the Customer. In this instance no refund is possible.
2.3.1 This Agreement continues in force until terminated by the terms of the Agreement as established at commencement or by such other method as set out in the agreement.
2.3.2 You may terminate this Agreement at any time by providing to us two weeks written notice.
2.3.3 SEO Toolkit may terminate this Agreement:
i) by providing two weeks written notice to you;
ii) immediately and without notice, if Customer breaches this Agreement; or
iii) if required by law or court order.
2.3.4 Upon termination of this Agreement, you will be provided with a final invoice for services provided to you up to the termination date.
2.3.5 You agree to pay the final invoice within 7 days of the date the invoice was issued.
2.3.6 All prior invoices which remain unpaid at the time of termination immediately become due and payable upon termination of this Agreement.
2.3.7 At the conclusion of the termination date and upon the end of the Agreement with you, SEO Toolkit will delete your account from SEO Toolkit computer system or prevent your account from being accessed via the Internet.
Ownership
3.1 SEO Toolkit and its respective suppliers retain ownership of all software, content and other data provided by SEO Toolkit to you, including all intellectual property rights therein.
3.2 SEO Toolkit has no ownership rights over your website.
Limitation of Liability
4.1 Servers
4.1 This clause limits SEO Toolkit liability in relation to this Agreement. Please read it carefully.
4.2 To the maximum extent permitted by law, and at SEO Toolkit option, you agree to limit SEO Toolkit liability as the service provider to you and under this Agreement to you limited liability:
i) resupplying the service; or
ii) paying for the resupply of the service.
iii) if required by law or court order.
4.3 To the maximum extent permitted by law, SEO Toolkit is not liable to you or any Registered User:
i) for any act or omission which SEO Toolkit does or fails to do in relation to this Agreement; and
ii) for any loss or damage, whether direct or indirect or consequential, including time, money, good will, lost profits, damage to or loss of data, or damage to hardware or software, which may arise from the use, operation, maintenance or failed use of a SEO Toolkit service or which may arise from delays, defects, errors, omissions or interruptions in a SEO Toolkit service.
4.4 SEO Toolkit does not warrant the quality, accuracy or fitness for any particular purpose of a SEO Toolkit service.
4.5 Due to technology, SEO Toolkit does not warrant that your website will be accessible at all times or that any SEO Toolkit service will be uninterrupted or error free.
4.6 You are responsible for:-
i) obtaining, installing and operating the hardware and software to use and access SEO Toolkit services.
ii) the creation and modification of your website.
iii) all approvals, consents and permissions necessary in relation to your website.
4.7 You acknowledge that SEO Toolkit services are provided in part using third party services and products.
4.8 You acknowledge that by SEO Toolkit use of such third party services or products, if the service is restricted or interrupted, then the interruption may effect the provision of the SEO Toolkit services to you.
4.9 SEO Toolkit is not liable to you for any service interruptions cause by third party service or product providers.
4.10 SEO Toolkit does not own or control the Internet and is not responsible for Internet problems, faults or delays.
4.11 SEO Toolkit will offer limited support for the first 30 days after a website built by SEO Toolkit is launched on to the live environment. This is limited to correcting bugs and/or issues discovered in the course of the sites operation. All issues are to be submitted in writing to SEO Toolkit whether it be electronic or via regular mail.
Indemnity
5.1 You indemnify, and forever hold SEO Toolkit harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from:
i) any action of, representation made by, or conduct of you and your Registered Users;
ii) the storage, transmission, display, operation, failed operation or publication of your website, including the content and information provided on your website;
iii) any breach of this Agreement by you;
iv) any Prohibited Acts by you or your Registered Users; or
v) access to or use of a SEO Toolkit service by you or your Registered Users.
vi) in the event of disaster recovery where restoring data from backups is not possible.
Notices
6.1 Written notice may be given by SEO Toolkit to you by:
i) mail to your address recorded on the Agreement Form;
ii) by email to your email address recorded on the Agreement Form; or
iii) by fax to your fax number recorded on the Agreement Form;
iv) by publishing changes on a website owned by SEO Toolkit.
6.2 You may must report any change to your address, email or fax number by providing written notice to SEO Toolkit within 7 days of any change.
6.3 Any written notice delivered to you by SEO Toolkit via e-mail will be sent to you from help@seotoolkit.com.au or from a registered user of the suncoastwebsolutions.com.au domain name.
6.4 The law in force in Queensland governs this agreement and the transactions contemplated by this agreement.
