TERMS AND CONDITIONS

TERMS AND CONDITIONS

TMACraft (“TMACraft“, “We” or “Us“), is the owner, developer and distributor of the services associated with the development, hosting and manitenance of websites, including access to software which allows you the customer (“You“) to build and manage your (“Your“) website, and from time-to-time including additional features and upgrades and enhancements and such other services as agreed (“Services“).

Application and Variation of these Terms

These terms and conditions are the terms on which TMACraft will provide the Services to You. They constitute the agreement between You and Us (“TMACraft“) in its entirety and supersede any prior agreements between You and Us in respect of the Services. We may modify these terms and conditions, (including without limitation the pricing for any of the Services), or give You notice under this Agreement, by notice on our website and/or by email. Such modifications will take effect after such notice has been provided. By accepting these terms and conditions, You also agree to accept and be bound by any changes made by TMACraft under this clause.

Copywright

The copyright in all reports and associated website developments, text, graphics, the selection and arrangement thereof, and all software is owned or licensed by TMACraft. All of TMACraft’s rights in this regard are reserved. Copyright in the material contained on this website and in any report subsists through international treaties, under the laws of many other countries.

Provision Of Services

TMACraft will use all reasonable efforts to provide You with the products and Services that are relevant to the Services purchased, as described on the TMACraft website.

Services

Services offered by TMACraft are as detailed on the TMACraft's website. This services include Website development, Graphic Design, Mobile App Development, E-commerce Development, Website Maintenance, Social Media Advertisment and Search Engine Optimization.

TERMS

For all Services, the initial term of Agreement will commence on the date of activation of service or the date the relevant services are first provided by TMACraft (as applicable). After the conclusion of the initial term, the term shall automatically renew for a further term of the same period (eg a 1 month term will renew for a further 1 month). Unless notice is provided to TMACraft by You more than 10 working days prior to expiry of the initial or any subsequent term, this Agreement will automatically be extended by a further terms of the same period on TMACraft’s then current terms and conditions. Your failure to give a notice cancelling the Services prior to the commencement of this 10 working day period will constitute acceptance by You of the next renewal. TMACraft may cancel or elect not to renew the Services at any time by delivering to You a written notice of non-renewal at least 10 working days prior to the expiry of the initial term or any subsequent term

Payment

The applicable prices and charges for a particular product or Service are as stipulated in a quote provided to You by TMACraft or, if We have not provided a quote to You, as stipulated on the TMACraft's website. These prices and charges may include:

  • a one off non-refundable set-up or design services fee, which requires payment upfront before the Services will commence
  • a monthly or annual reoccurring fee, payable in advance of the commencement of the relevant period ; and
  • other fees, prices and charges payable on a time, materials or usage basis, as applicable.

You are responsible for all prices and charges for Services and any other amounts (such as excess storage and bandwidth coverage) incurred by Yourself or Your authorized representative or as a result of any use of a product or Service, in accordance with the billing provisions specified in the payment confirmation.

TMAcraft reserves the right to contact a credit reporting agency to obtain personal information about You for the purpose of validating an application for credit made by You to TMACraft.

In the event that TMACraft issues You an invoice in arrears for any service or product, You fail to pay for any Service or product by the set due date or You fail to pay any other amount owing under this clause, TMACraft reserves the right to, in addition to any other right:

  • charge interest to You at an applicable rate until the relevant amount owing is paid;
  • suspend or terminate any Services or products provided to You by TMACraft; and
  • not renew or register any Services or products provided to You by TMACraft to a third party.
  • Any suspension does not relieve You of Your obligation to make payments under this Agreement including circumstances where a credit card transaction declined. If this occurs an email will be sent to the primary email address that You have provided for us. Failure to provide us with changes to Your primary email address will not result in any extension.

    You agree, in the event of default, to pay TMACraft our reasonable expenses, including legal and collection agency fees, incurred in enforcing our rights under this Agreement. Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by You. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, You must pay to TMACraft an additional amount equal to the applicable ]amount with that payment and TMACraft will provide You an invoice.

    Content Of Your Website

    You will take all reasonable steps to ensure that Your website will contain warnings if all or part of its content is not suitable for children and complies with all applicable laws and industry policies.

    Your Data And and Content

    You are responsible for all data, content, materials and files supplied by You to TMACraft. It is solely Your responsibility to store back up of all data, content, materials and files supplied by You to TMACraft on Your own server.

    Links and Publicity

    By entering into this Agreement You acknowledge and agree that TMACraft may use Your name, and logo for the express and sole purpose of identifying You as a client of TMACraft in its marketing material, both print and electronic and that TMACraft may place on Your website a hyperlink to TMACraft’s website labeled “designed by TMACraft” or words to similar effect. You may elect to withdraw Your permission for the use of Your name and logo in TMACraft’s marketing material, but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain. TMACraft accepts no liability for, nor warrants the accuracy of any content associated with any of its customer’s websites.

    Trademarks and Intellectual Property Rights

    TMACraft is the sole and exclusive owner of the Services and the underlying software code and all Intellectual Property Rights in relation to the Services. All improvements to the Services will remain the property of TMACraft. TMACraft shall have and retain sole ownership of its trademarks, including the goodwill pertaining thereto.

    Acceptable Use

    You will ensure that Your website content (and anything relating to Your website or to the Services) is not illegal; deceptive; inaccurate; defamatory; pornographic, obscene or sexually explicit; discriminatory to any race, ethnic group, religion, or sect; discriminatory or offensive to the disabled or any physically, socially or economically disadvantaged sector of the community; discriminatory against any persons of a particular gender or sexual persuasion; discriminatory against any professional or trade group; offensive, or derogatory to any person or persons; or likely to in any way interfere with or harm the business of any person or entity or to interfere in any way with the natural course of business. You will also ensure that Your website is not used for any “spamming” activity or any misleading or deceptive conduct or other illegal or unethical marketing practice. You further warrant that nothing on Your site will breach copyright or other Intellectual Property Rights; or will be contrary to the terms of any binding confidentiality or other agreement nor breach the Privacy Act or equivalent or any other laws or legal requirement. TMACraft may, but shall not be obligated to, immediately and without notice, terminate the provision of Services to You and remove Your website or Your access to it, if We are of the reasonable opinion that You may be in breach of this clause of this Agreement and such termination may take place immediately on detection of such conduct and without notice to You. You acknowledge that You shall have no remedy or recourse against TMACraft. Upon termination under this clause, TMACraft shall have the right to delete and/or destroy any and all of the content of Your website and Your information, without accounting to You for such destruction. You shall have no redress against TMACraft in respect of any loss or claimed loss arising out of anything done under this clause. Notwithstanding termination under this clause, TMACraft shall be entitled to receive payment from You for the Services for the term of this Agreement currently in force at the time of such termination. TMACraft does not accept liability for anything on Your website or which in any way relates to it and if any claim is made or threatened against TMACraft in respect of Your website or any use of Your website, and You will indemnify and keep TMACraft fully indemnified in respect of any claim, loss, cost or damage suffered or incurred by TMACraft as consequence of Your website or any content or link on Your website.

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