TERMS & CONDITIONS:

These Terms and Conditions may be changed from time-to-time, therefore the version that is published on the following website ... http://www.ebizmkt.com.au/terms.html should always be taken as the binding and most recent version of this document.

1. DEFINITIONS

a) eBiz Marketing Solutions provide a variety of web based solutions. When we use the terms “We”, “eBiz Marketing”, “eBizGuru”, “Us” and “Our service” we are referring to eBiz Marketing Solutions and its respective products and services.

b) “Client” is defined as representing one business, one brand, and operating in one physical or geographic location and is listed at the bottom of these Terms and Conditions. Client may also be referred to as “you” and/or “your” in this document.

c) An e-Biz website is defined as the combination of client provided content plus design and functionality elements created by eBiz Marketing which is deployed and maintained on the eBiz Marketing website hosting platform.

2. MATERIALS

a) In order to complete the project in a timely manner, we require completion of all relevant forms including:

• The specifications / content for the design component of your website must be provided in the format requested; and
• All relevant corporate identity material (Logo, Tag Line / Slogan, etc.) to be provided prior to the design & construction of your website commencing.

b) Your website will be delivered within 20 business days of eBiz Marketing receiving the information above provided that you are not having additional online marketing services work completed. We advise that failure to provide materials or to approve the ‘website design’ in a timely manner will result in a delay in delivery times.

c) eBiz Marketing will take all reasonable care to design your site in accordance with your specifications. eBiz Marketing will forward to you a ‘website design layout mock-up’ for approval.  Two (2) further modifications of the ‘design layout’ are allowed prior to commencement of your website construction (i.e. the programming).

If additional design modifications are requested to your website during this process, an additional costs of not less than $75 per hour (GST exclusive) will be incurred.

3. THIRD PARTY RIGHTS / INDEMNITY

Where materials are used in the production of your eBiz Marketing website, the party providing such materials shall be responsible for:

a) Obtaining all necessary permission, authorisations, licenses and consents required as well as being responsible for the payment of all royalties or license fees associated with the use of the materials; and

b) Ensuring that the material provided is not obscene, offensive, upsetting, defamatory, personally offensive or in any way unsuitable for people under the age of eighteen (18) years, and does not comprise and cannot be used for any purpose or activity of an illegal, fraudulent or defamatory nature.

c) eBiz Marketing reserves the right not to include any material supplied by the client if we deem it inappropriate or offensive.

Where a party provides material it indemnifies the other party against the loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party alleging infringement of its intellectual property rights or any other rights.

4. CONFIDENTIALITY

eBiz Marketing treats all website enquires and business dealings with clients as strictly private and confidential. eBiz Marketing will not disclose any proprietary information to third parties unless required to do so by law.

5. RESTRICTIONS

a) Unless specifically agreed by eBiz Marketing in writing, the use of the eBiz solution purchased under this agreement applies only to the ‘client’ as named in this document and is subject to the definition of ‘client’ as outlined in clause 1.



6. OWNERSHIP OF INTELLECTUAL PROPERTY

a) Upon payment of all moneys owing to e-Biz Marketing, you will be granted a non-exclusive licence to use the eBiz website solution.

b) You are not permitted to add, delete or modify any of the underlying program code (eg. HTML, PHP, Javascript, etc.) eBiz Marketing may from time to time, change, modify or enhance the program code for the purposes of streamlined usability and functionality.

c) eBiz Marketing makes no assignment of the user interface or of any of the delivered material (including but not limited to the eBiz website hosting software, training, documentation, templates and data) which is incorporated into or which has been, and may be, used in the course of developing your eBiz website, or any other products or services provided to you.

d) Subject to this clause and clauses 3 & 4, data entered into your eBizBudget website by you, is owned by you, exclusively for your use.

e) We may withdraw from your eBiz website any content supplied by you which in e-Biz Marketing’s reasonable opinion is likely to subject or has subjected eBiz Marketing to unfavourable regulatory action, violate or has violated any law or has been subject to errors or omissions in transmission or transcription.

7. LIABILITY

a) Where there is a failure or omission by eBiz Marketing to comply with our obligations under this agreement, liability shall be limited to the correction of the goods or services supplied.

b) eBiz Marketing shall 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 a failure or omission on our part to comply with our obligations under this agreement.

c) eBiz Marketing may insert a disclaimer on your eBiz website that limits the liability of eBiz Marketing and any other party as it sees fit, to any users of your eBiz solution to the maximum extent allowable under any law.

8. WEBSITE HOSTING

a) eBiz Marketing provides website hosting services via outsourcing agreements with experienced and reliable suppliers of secure website hosting located within Australia. Your eBiz website will be hosted through us by a provider of our choice, and subject to the services and requirements of eBiz Marketing’s contract with its hosting provider.

b) Details of eBiz Marketing hosting provider's facilities, security and procedures, can be obtained upon request.

9. FUTURE ALTERATIONS AND COSTS

Once your eBizt website is live to the web, any design alterations or amendments that you request eBiz Marketing to make to the website we produced for you, will incur additional costs of not less than $60 per hour (GST exclusive). Where possible and applicable, costs will be quoted in advance for your approval.

10. LICENSING REQUIREMENTS

Our licensing agreement requires:

a) That a small hyperlink will be included at the bottom of your eBiz website, at eBiz Marketing’s own expense, which links to e-Biz Marketing’s own website.

b) That eBiz Marketing has the right to use the name, screen shots or photographic images of your eBiz Marketing site in any of our marketing materials.

11. NON-TRANSFERABLE RIGHTS AND LIMITATIONS

Unless otherwise agreed, your right to use and access the eBiz website is not transferable and is subject to any limits established by us.

12. DOCUMENTATION

Any documentation / information in any form (including but not limited to the e-Biz website, software, training, newsletters, marketing communication, documentation, templates and data) from eBiz Marketing is subject to copyright, and is confidential and intended for the use of the individual or entity named in the agreement above. Any dissemination, copying or unauthorised use of the information is strictly prohibited.

13. GENERAL

a) If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.

b) Written communications between us may take the form of letters, formal documents, faxes or eMails.