Agreement pursuant to the Terms and Conditions of Dolphin Integration Australia Pty Ltd
(ABN 13 119 640 005)
Updated 04-09-2009
IT IS AGREED AS FOLLOWS: -
Definitions and Interpretation
Definitions
In this Agreement unless the context indicates a contrary intention:
“Customer” means and company, partnership, or person; or their employee, agent, or servant who enters into an agreement with Dolphin;
“Dolphin” means Dolphin Integration Pty. Ltd. (ABN 13 119 640 005);
“Dolphin Services” means any service provided by Dolphin to the Customer, including but not limiting, tele housing, data storage, internet and data access, domain requirement, Web development, Customer networking, and supply and installation of equipment;
“OzStores” means web design software and hosting of business facilities that have been written and setup by Dolphin, that is based at 700 High Street, Kew 3102, in the State of Victoria;
“Terms” means Terms and Conditions as stipulated in this Agreement.
Interpretation
In this Agreement unless the context indicates a contrary intention:
(a) words denoting the singular number shall include the plural and vice versa;
(b) words denoting natural persons shall include corporations and vice versa;
(c) headings are for convenience only and shall not affect interpretation;
(d) references to clauses and sub-clauses are references to clauses and sub-clauses of this Agreement;
(e) references to this Agreement, or any other deed, agreement or instrument shall be deemed to include references to this Agreement, or such other deed, agreement or instrument as amended, notated, supplemented, varied or replaced from time to time;
(f) references to any party to this Agreement shall include its successors or permitted assigns;
(g) words denoting any gender shall include all genders;
(h) reference to any legislation or to any section or provision thereof shall include any statutory
modification or re-enactment thereof or any statutory provision substituted therefore and ordinances, by-laws, regulations and other statutory instruments issued there under.
1. The Customer agrees to accept the Terms of Dolphin in this Agreement, and the Customer:
(a) represents and warrants that he or she is 18 years old or older; and
(b) agrees to provide true, accurate, current and complete information about the Customer; and
(c) agrees to maintain and update this information so as to keep it true, accurate, current and complete, and if any information provided by Customer is untrue, inaccurate, not current or incomplete, Dolphin cannot be held liable for any incorrect information or inconsistencies, and Dolphin reserves the right to terminate all current or future use of the Dolphin Service.
2. If the Customer is under the age of 18, their parent, legal guardian, or someone authorized by your parent or legal guardian, must agree to the Term by reading this Agreement and accepting the Terms in this Agreement. In this case, the Customer is your parent, legal guardian or someone authorized by your parent or legal guardian who has agreed to the Terms.
3. Dolphin will not be liable for any damages whatsoever that Customer may suffer form that arise out of use or inability to use Dolphin Services or products provided by Dolphin.
4. Dolphin will not be liable for unauthorized access to Customer files, transmissions, facilities, or premise equipment or for unauthorized access to or alteration, theft or destruction of Customer data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of anything that Dolphin has done.
5. In no event will Dolphin be liable for any other damages, including but not limited to loss of data, loss of revenue or profits, damages to any third party, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of Dolphin Services or access the network.
6. Customer acknowledges and agrees that Dolphin are not responsible for the content, storage, or transmissions by the Customer which may pass through the network or a third party network. The Customer agrees that it will take reasonable steps to ensure that it will not use any Dolphin Services for any illegal purposes, for transmission of threatening, obscene, or harassing materials, or unauthorized use of copyrighted, trademarked, intellectual property, or other proprietary material. Dolphin will use it best endeavors to cooperate fully with all law enforcement authorities in investigating suspects lawbreakers. The Customer is responsible for the security of his or her password and all use of the Customer account, with or without the consent or knowledge of the Customer.
7. Customer further agrees that Dolphin, its employees, agents, or servant (collectively referred to as “Indemnified Party”) will not be liable for any lost property or data of the Customers, any claims or demand against the Customer by any other party, or any claim or demand against any of the Indemnified Party, due to or arising out of the use by Customer of Dolphin Services. The Customer shall indemnify and hold the Indemnified Party harmless from and against any such loss, claim or demand.
8. The Customer right to use Dolphin Services is personal to the Customer and is nonexclusive and nontransferable.
9. Access to Dolphin Services cannot be guaranteed to any Customer, however Dolphin will use their best endeavors, knowledge and know-how to allocate system resources to provide all Customers with the best service possible.
10. Dolphin will not be liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
11. The Customer agrees that any previous Service Level Agreements (“SLA”) between the Customer and Dolphin are no longer valid or enforceable by either party, and that this Agreement constitutes the entire Agreement between the Customer and Dolphin.
12. The Customer represents and warrants that the Customer will not:
a. copy, display, post or otherwise transmit any content that is defamatory, libelous, unlawful, abusive, harassing, tortuous, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable.
b. copy, display, post or otherwise transmit any content that infringes, misappropriates or otherwise violates the rights of any third party, including without limitation privacy rights and copyrights and other intellectual property rights.
c. copy, display, post or otherwise transmit any content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
d. impersonate or otherwise misrepresent your affiliation with any other person or entity.
e. falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content or information appearing on OzStores.
f. conduct, display or forward contests, pyramid schemes, ’spam’ or chain letters.
g. interfere with or disrupt the OzStores service or servers or networks connected to the OzStores service, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the OzStores service.
h. attempt to gain unauthorised access to any servers controlled by Dolphin.
i. ’frame’ or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on any website owned or operated by Dolphin Integration, or alter or modify any content on any website owned or operated by Dolphin Integration.
j. harm minors in any way,
k. stalk or harass any individual or third party.
13. The Customer will pay all invoices from Dolphin, and amount owing to Dolphin, when they fall due as stipulated on each invoice or if not stipulated within fourteen (14) days of the invoice. If payments not made within the period stipulated than Dolphin reserves the right to charge penalty interest rate in compliance with the penalty interest rate fixed by the Attorney-General under the Penalty Interest Rate Act 1983 as well as all reasonable collection fees and legal fees. Returned checks are subject to 15% charge.
14. Customer may cancel this Agreement by giving written notice to Dolphin not less than 30 days in advance of the cancellation time required, unless they have a separate agreement that stipulates a minimum defined connection period. Portions of service paid are not refundable.
15. The Terms will be accessible to all Customers on the Dolphin Integration Web site at “www.dolphin-it.com“ and Dolphin reserves the right to change rates and Terms at any time by posting the new Terms on the Web site with the date of posting, and the Customer will reasonably comply with any new terms within 30 days of the date that the new Terms are posted.
16. These Terms supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
17. It is hereby agreed that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Victoria and the Commonwealth of Australia and the Customer and Dolphin hereby agree that this Agreement shall be deemed to have been made in Victoria and that the Courts of law of Victoria shall have the jurisdiction to entertain any dispute relating to the point of law or fact in respect hereof and that any litigation regarding the interpretation, breach or enforcement of this Agreement will be filed and heard in the English language.
18. The parties mutually covenant and agree that they will each do all acts and things and execute all deeds and documents and other writings as shall from time to time be reasonably required for the purposes of or to give effect to this Agreement.
19. Any provision of this Agreement which is illegal void or otherwise unenforceable shall be ineffective to the extent of such illegality voidness or unenforceability without invalidating the remaining provisions hereof.
(ABN 13 119 640 005)
Updated 04-09-2009
IT IS AGREED AS FOLLOWS: -
Definitions and Interpretation
Definitions
In this Agreement unless the context indicates a contrary intention:
“Customer” means and company, partnership, or person; or their employee, agent, or servant who enters into an agreement with Dolphin;
“Dolphin” means Dolphin Integration Pty. Ltd. (ABN 13 119 640 005);
“Dolphin Services” means any service provided by Dolphin to the Customer, including but not limiting, tele housing, data storage, internet and data access, domain requirement, Web development, Customer networking, and supply and installation of equipment;
“OzStores” means web design software and hosting of business facilities that have been written and setup by Dolphin, that is based at 700 High Street, Kew 3102, in the State of Victoria;
“Terms” means Terms and Conditions as stipulated in this Agreement.
Interpretation
In this Agreement unless the context indicates a contrary intention:
(a) words denoting the singular number shall include the plural and vice versa;
(b) words denoting natural persons shall include corporations and vice versa;
(c) headings are for convenience only and shall not affect interpretation;
(d) references to clauses and sub-clauses are references to clauses and sub-clauses of this Agreement;
(e) references to this Agreement, or any other deed, agreement or instrument shall be deemed to include references to this Agreement, or such other deed, agreement or instrument as amended, notated, supplemented, varied or replaced from time to time;
(f) references to any party to this Agreement shall include its successors or permitted assigns;
(g) words denoting any gender shall include all genders;
(h) reference to any legislation or to any section or provision thereof shall include any statutory
modification or re-enactment thereof or any statutory provision substituted therefore and ordinances, by-laws, regulations and other statutory instruments issued there under.
1. The Customer agrees to accept the Terms of Dolphin in this Agreement, and the Customer:
(a) represents and warrants that he or she is 18 years old or older; and
(b) agrees to provide true, accurate, current and complete information about the Customer; and
(c) agrees to maintain and update this information so as to keep it true, accurate, current and complete, and if any information provided by Customer is untrue, inaccurate, not current or incomplete, Dolphin cannot be held liable for any incorrect information or inconsistencies, and Dolphin reserves the right to terminate all current or future use of the Dolphin Service.
2. If the Customer is under the age of 18, their parent, legal guardian, or someone authorized by your parent or legal guardian, must agree to the Term by reading this Agreement and accepting the Terms in this Agreement. In this case, the Customer is your parent, legal guardian or someone authorized by your parent or legal guardian who has agreed to the Terms.
3. Dolphin will not be liable for any damages whatsoever that Customer may suffer form that arise out of use or inability to use Dolphin Services or products provided by Dolphin.
4. Dolphin will not be liable for unauthorized access to Customer files, transmissions, facilities, or premise equipment or for unauthorized access to or alteration, theft or destruction of Customer data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of anything that Dolphin has done.
5. In no event will Dolphin be liable for any other damages, including but not limited to loss of data, loss of revenue or profits, damages to any third party, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of Dolphin Services or access the network.
6. Customer acknowledges and agrees that Dolphin are not responsible for the content, storage, or transmissions by the Customer which may pass through the network or a third party network. The Customer agrees that it will take reasonable steps to ensure that it will not use any Dolphin Services for any illegal purposes, for transmission of threatening, obscene, or harassing materials, or unauthorized use of copyrighted, trademarked, intellectual property, or other proprietary material. Dolphin will use it best endeavors to cooperate fully with all law enforcement authorities in investigating suspects lawbreakers. The Customer is responsible for the security of his or her password and all use of the Customer account, with or without the consent or knowledge of the Customer.
7. Customer further agrees that Dolphin, its employees, agents, or servant (collectively referred to as “Indemnified Party”) will not be liable for any lost property or data of the Customers, any claims or demand against the Customer by any other party, or any claim or demand against any of the Indemnified Party, due to or arising out of the use by Customer of Dolphin Services. The Customer shall indemnify and hold the Indemnified Party harmless from and against any such loss, claim or demand.
8. The Customer right to use Dolphin Services is personal to the Customer and is nonexclusive and nontransferable.
9. Access to Dolphin Services cannot be guaranteed to any Customer, however Dolphin will use their best endeavors, knowledge and know-how to allocate system resources to provide all Customers with the best service possible.
10. Dolphin will not be liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
11. The Customer agrees that any previous Service Level Agreements (“SLA”) between the Customer and Dolphin are no longer valid or enforceable by either party, and that this Agreement constitutes the entire Agreement between the Customer and Dolphin.
12. The Customer represents and warrants that the Customer will not:
a. copy, display, post or otherwise transmit any content that is defamatory, libelous, unlawful, abusive, harassing, tortuous, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable.
b. copy, display, post or otherwise transmit any content that infringes, misappropriates or otherwise violates the rights of any third party, including without limitation privacy rights and copyrights and other intellectual property rights.
c. copy, display, post or otherwise transmit any content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
d. impersonate or otherwise misrepresent your affiliation with any other person or entity.
e. falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content or information appearing on OzStores.
f. conduct, display or forward contests, pyramid schemes, ’spam’ or chain letters.
g. interfere with or disrupt the OzStores service or servers or networks connected to the OzStores service, or fail to comply with any requirements, procedures, policies or regulations of networks connected to the OzStores service.
h. attempt to gain unauthorised access to any servers controlled by Dolphin.
i. ’frame’ or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on any website owned or operated by Dolphin Integration, or alter or modify any content on any website owned or operated by Dolphin Integration.
j. harm minors in any way,
k. stalk or harass any individual or third party.
13. The Customer will pay all invoices from Dolphin, and amount owing to Dolphin, when they fall due as stipulated on each invoice or if not stipulated within fourteen (14) days of the invoice. If payments not made within the period stipulated than Dolphin reserves the right to charge penalty interest rate in compliance with the penalty interest rate fixed by the Attorney-General under the Penalty Interest Rate Act 1983 as well as all reasonable collection fees and legal fees. Returned checks are subject to 15% charge.
14. Customer may cancel this Agreement by giving written notice to Dolphin not less than 30 days in advance of the cancellation time required, unless they have a separate agreement that stipulates a minimum defined connection period. Portions of service paid are not refundable.
15. The Terms will be accessible to all Customers on the Dolphin Integration Web site at “www.dolphin-it.com“ and Dolphin reserves the right to change rates and Terms at any time by posting the new Terms on the Web site with the date of posting, and the Customer will reasonably comply with any new terms within 30 days of the date that the new Terms are posted.
16. These Terms supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
17. It is hereby agreed that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Victoria and the Commonwealth of Australia and the Customer and Dolphin hereby agree that this Agreement shall be deemed to have been made in Victoria and that the Courts of law of Victoria shall have the jurisdiction to entertain any dispute relating to the point of law or fact in respect hereof and that any litigation regarding the interpretation, breach or enforcement of this Agreement will be filed and heard in the English language.
18. The parties mutually covenant and agree that they will each do all acts and things and execute all deeds and documents and other writings as shall from time to time be reasonably required for the purposes of or to give effect to this Agreement.
19. Any provision of this Agreement which is illegal void or otherwise unenforceable shall be ineffective to the extent of such illegality voidness or unenforceability without invalidating the remaining provisions hereof.
