EASY WEDDINGS PTY LTD WEBSITE SUBSCRIPTION TERMS AND CONDITIONS
ABN: 41 122 297 858
1. These Terms and Conditions
a. Easy Weddings Pty Ltd ACN 122 297 858 (Easy Weddings, we or us) owns and operates the websites and content located at http://www.easyweddings.com.au , http://www.weddingpages.com.au and http://www.weddingvenues.com.au (collectively, the Website).
b. These terms and conditions, as amended from time to time (Terms and Conditions), apply to the publication by Easy Weddings of any advertising material supplied for a website submitted by any person or entity (Supplier, you or your) for publication on the Website and for various tablet and smartphone applications for each Website.
c. On payment of the initial setup fee, commencement of the design process for your website with Easy Weddings and completing / providing appropriate payment authority, you agree to be bound by these Terms and Conditions.
d. These Terms and Conditions may change at any time after the Initial Term. We will make every effort to inform you when these Terms and Conditions are updated or change. Please read these Terms and Conditions regularly. The Terms and Conditions are located at: http://www.easyweddings.com.au/webdesign/terms-conditions/
2. Payment and Term
a. The monthly fees payable to Easy Weddings pursuant to these Terms and Conditions are the monthly quoted rates advised to you. We reserve the right to increase our fees and we will notify you of any fee increases. Monthly website payments are inclusive of GST.
b. You agree to the website subscription for a 12 month period (Initial Term), regardless of payment terms extended. By committing to Easy Weddings website subscription you commit to the full 12 months of website subscription payments.
c. Easy Weddings will provide you with a tax invoice for the website subscription plus applicable GST when an website subscription is agreed upon. You must pay the initial setup fee before any design is commenced.
d. After the initial contract term of 12 months you will automatically be put onto a “Perpetual” contract. After the Initial Term, your agreement with us will continue on as a month by month agreement.
e. If your account is overdue we have the right to take your website offline until we have received all outstanding monies.
f. If you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over you or any of your assets or if you resolve to wind up your company, then Easy Weddings may (in its absolute discretion):
- take proceedings against you to recover any overdue amount;
- recover from you all costs in relation to any action taken against you by Easy Weddings to recover overdue amounts, including without limitation, debt
- collection costs and legal costs on a full indemnity basis; and/or
- exercise any other rights available to Easy Weddings at law.
g. The set-up fee of $1100 (inc GST) is payable immediately before any work is to commence and is non-refundable. You agree to paying an ongoing payment of $99 as an Easy Weddings directory client or $149 as an outside client.
h. Easy Weddings gives you permission to use these materials in accordance with these terms and does not permit you to store, copy, or otherwise attempt to discover any programming or source code use within your site.
i. Easy Weddings does not claim ownership of your Content, however you give us permission to host your content. This permission only exists for as long as you continue service with Easy Weddings through the website subscription service and your account is paid up to date.
j. Easy Weddings will include one domain name with your website subscription. Your domain will be included for the lifetime of your Easy Weddings account and the domain will be registered in your name and is yours to keep.
This does not include domain renewal charges if you are not a current Easy Weddings client.
k. Easy Weddings maintains ownership of the website including design and coding. Our clients retain ownership of all content. The website cannot be moved to another solution provider and remains the property of Easy Weddings.
l. The payment of a deposit and/or the use or continued use of Easy Weddings’ services signifies your understanding and acceptance of these Terms and Conditions.
m. Easy Weddings agrees to complete the work as described in the scope provided to you. Please refer to these documents to ensure you fully understand what you are purchasing and the scope of the work that will be provided by Easy Weddings. Any modifications or requests for work not included in these documents will incur a cost of $110ph.
3. Termination by Easy Weddings
a. Easy Weddings may terminate Website at any time during the Initial Term and for any reason. Easy Weddings is not obliged to provide you with reasons for terminating your Website subscription.
b. If Easy Weddings terminates your Website during the Initial Term and you have paid the Website subscription fees upfront and are otherwise not in breach of these Terms and Conditions, Easy Weddings will refund you a pro rata portion of the fees applicable to the unused part of the Initial Term.
c. If Easy Weddings terminates your website either during or after the Initial Term, and you pay the website subscription fees by direct debit, Easy Weddings will cancel your direct debit arrangements provided you are up to date with payment of all payments. If there are any amounts owing to Easy Weddings at the date of termination, you authorise Easy Weddings to direct debit all overdue amounts from your nominated account.
4. Termination by the Supplier
a. If you cancel your Website subscription with Easy Weddings during the Initial Term, the advertising fees payable by you for the unused part of the Initial Term will become immediately due and payable. This also relates to future annual subscriptions.
b. After the expiry of the Initial Term, if you are on a “Perpetual” contract you may withdraw your website subscription at any time by following our cancellation process, which includes speaking with a team member, verifying your identity and completing a cancellation form. 30 days after the receipt of your completed form, your Easy Weddings website will be taken down and any payments due during this 30-day period will remain due for payment.
5. Acceptance of material
a. Easy Weddings is under no obligation to accept a website subscription client to and is under no obligation to provide reasons for such refusal.
b. Easy Weddings reserves the right at any time, at its sole discretion to take down the website.
c. If Easy Weddings receives complaints from visitors to the Website in, Easy Weddings may without notice to the Supplier remove the Website immediately and if this occurs during the Initial Term and you have paid your advertising fees upfront, you agree that you will not be entitled to a refund of any amounts paid in respect of the website subscription during the Initial Term.
d. You agree that you must pay all advertising fees even where:
- your website is not published due to a breach of these Terms and Conditions by you;
- your website is not published due to your failure to provide sufficient artwork or instructions;
6. Intellectual property
a. Easy Weddings owns all intellectual property rights in the Website including information, graphics, design and software, except where the Supplier has provided its own intellectual property (including but not limited to text, graphics and pictures in whatever form) for display on the Website.
b. You must obtain the permission from the owner of any intellectual property in any third party material incorporated into a website prior to submission of the Directory Listing.
7. Easy Weddings information
You agree that information and couple details provided to you by Easy Weddings must be kept confidential and must not be published or distributed to others.
8. Privacy and personal information
Suppliers must comply with their own privacy policies and with all applicable privacy laws in the collection and use of individuals’ personal information collected as a result of an enquiry made to a Supplier through the Website.
9. Warranties and liability
a. You warrant that all material submitted by you for publication on the Website will not:
- contravene any relevant laws, including, without limitation, the Competition and Consumer Act 2010 (Cth), any state-based Fair Trading Act, the Privacy Act 1988 (Cth), or any regulations made under those Acts (including relevant industry regulations, standards of practice or codes of conduct), any equivalent legislation in New Zealand or any common law in Australia and New Zealand;
- breach or infringe the intellectual property rights of any person;
- be obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
- contain a photograph or representation of a living person unless that person has consented;
- comprise anything that can be used for any purpose or activity of an illegal, fraudulent or defamatory nature;
- be misleading or deceptive or likely to mislead or deceive;
- if you are promoting a competition or trade promotion, breach the relevant provisions of the Competition and Consumer Act 2010 (Cth) or other Federal or State legislation relation to competitions or trade promotions, or any equivalent legislation in New Zealand, and you further warrant that you have obtained all relevant permits; or
- comprise anything which may adversely reflect on Easy Weddings or the Website.
b. Subject to clause 9e, Easy Weddings will be under no liability to you in respect of any loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of:
- goods or services supplied pursuant to these Terms and Conditions;
- any failure or omission on the part of Easy Weddings to comply with its obligations under these Terms and Conditions;
- any negligent act or omission of Easy Weddings;
- the provision by the Supplier to Easy Weddings of incorrect contact details which results in Easy Weddings being unable to forward enquiries received from visitors to the Website to the relevant supplier; or
- any web traffic pop-ups which appear on the Website.
c. Easy Weddings expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of profits, loss of revenue, loss of income, loss of use, loss of business opportunity, loss of production, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with the interruption of the Supplier’s business, howsoever caused.
d. Easy Weddings makes no representation or warranty in relation to the number of visitors to the Website. Easy Weddings makes no warranty or representation in relation to future visitor numbers to the Website and any projections provided by Easy Weddings are estimates only.
e. To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, the total liability of Easy Weddings, its employees, servants and agents for breach of such warranties or guarantees is limited to one or the other of the following at the option of Easy Weddings:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
The Supplier releases, indemnifies and will keep indemnified Easy Weddings, its employees, servants and agents against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Easy Weddings arising out of:
- a breach of these Terms and Conditions by the Supplier;
- a breach of warranty contained in clause 9a;
- any wilful, unlawful or negligent act or omission of the Supplier;
- the publication by Easy Weddings or any other person of any material supplied by the Supplier; and
- breach by the Supplier of any laws or legal obligations, including the Competition and Consumer Act 2010, any state-based Fair Trading legislation and any equivalent legislation in New Zealand.
a. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia and the parties irrevocably submit to the courts of or in that State (including the Federal Courts) and the courts that hear appeals from those courts.
b. If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.
c. The Supplier may not transfer or assign these Terms and Conditions without the prior written consent of Easy Weddings, which consent may be withheld at the absolute discretion of Easy Weddings and if granted, may be granted on such terms and conditions as Easy Weddings deems fit.
d. Any notice required to be given under these Terms and Conditions must be in writing and given by post, email or hand to Easy Weddings or the Supplier at the contact details notified by one party to the other.
e. No waiver by Easy Weddings of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by Easy Weddings, its employees or agents (which but for this clause ought or might amount to a waiver of Easy Weddings’ rights in respect of any such breach or default) does not operate as a waiver in any way of Easy Weddings’ rights and powers in respect of such breach or default.
f. Neither party is liable for any delay or failure to perform its obligations (other than obligations to pay money) if such delay or failure is due to circumstances beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure or strike or lockout.
g. These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties.
h. Clients must follow all instructions provided Easy Weddings. They must also provide Easy Weddings with all relevant information and material, images and copy for their products, in a timely fashion and in the correct formats. This will ensure your website is completed on time. Non-compliance with these instructions may cause a delay in the delivery of products and may incur additional costs.
i. Once your product is handed to you, any further work or changes may incur additional costs. It is your responsibility to ensure your product and all functionality is to your satisfaction at handover. Clients must test their websites fully upon handover before making the site available for general use.
j. Provided clients adhere to their obligations and responsibilities in a timely fashion, Easy Weddings aims to deliver your project within X X, unless specified prior to commencing the project. This is an estimated time frame and, though Easy Weddings will endeavour with a reasonable effort to provide your product within this timeframe, it may be delayed by a number of factors including, but not limited to, non-compliance by clients, the provision of incorrect information or materials or clients not responding to correspondence in a timely manner.
A note from Easy Weddings:
We pride ourselves on being EASY to do business with and we assure you of the best levels customer service reasonably possible. If you have any queries regarding our web services or our Terms and Conditions, please contact us. We look forward to working with you.