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Terms and Conditions

  1. Definitions and interpretations In these General Terms and Conditions, the following words and expressions have the following meanings:

    “Customer” means the person, company or organisation to whom the Services are rendered.
    “General Terms and Conditions” means these General Terms and Conditions herein and applicable to Services provided by No1 to the Customer.
    “No1” means Ozzieguide.Com Pty Ltd ACN 151 693 202 trading as No1 websites.com

    “Services” means the service/ services rendered from the items listed in Schedule A as agreed between No1 and the Customer.
    “Work” means the creation and delivery of the Services and any associated or necessary task to perform the Services.
    “Taxes” include all charges, duties, tariffs, levies and taxes of any kind which any taxing authority claiming jurisdiction over the Services may assess or levy on account of or resulting from the No1’s performance of the Services including, without limitation any value added tax or goods and services tax, No1’s operations, on account of the value of the Services supplied.
  2. General Provisions
    1. Entire agreement These General Terms and Conditions and any statutory warranties constitute the entire agreement between the Customer and No1 concerning supply of the Services.
    2. Waiver Failure by No1 to enforce, or any delay in enforcing, any provision of these General Terms and Conditions or to exercise any right or privilege will not be construed as a waiver and the same will continue in force. A waiver of one breach will not constitute a waiver of any other breach.
  3. Warranties
    1. No1 warrants and guarantees that:
      1. No1 and its employees have the skills, resources and experience necessary to complete the Services; and
      2. the Services conform to the required specifications as agreed in writing between No1 and the Customer.
    2. The Customer warrants and guarantees that:
      1. the Customer has full right, power and authority to enter into these General Terms and Conditions, and the person executing on behalf of Customer is authorised to do so;
      2. these General Terms and Conditions are binding on the Customer and enforceable against the Customer in accordance with its terms;
      3. the information used by No1 in rendering the Services and/or Work were provided to it by the Customer and No1 was/is acting on the direction of the Customer in utilising the information for the Services and/ or Work;
      4. the use of the Services and/ or Work does not infringe any intellectual property rights of any person or company, either domestic or international;
      5. the use of the Services will not violate any law either domestic or international; and
      6. all information provided by Customer is true and correct and the Customer shall immediately (and in no event later than within three business days) notify No1 of any change in such information.
      1. Despite any term in these General Terms and Conditions or otherwise, No1 makes no guarantee in respect of the Search Engine Optimisation effect on the Customer’s website and or/ digital platform’s ranking on Google.
      1. Without limiting the operation of any other provision of these General Terms and Conditions, the Customer is entitled to the benefit of all warranties conferred by law and the operation of any such warranty for the benefit of the Customer may not be excluded by No1.
  4. Prices and payment
    1. Except as expressly agreed to by No1 in writing, the prices for the Services/ Work are listed in Schedule B.
    2. Unless otherwise specified on any invoice rendered by No1 to the Customer, payment must be made by the Customer for payment upfront, prior to delivery and prior to final acceptance of the Services.
    3. All sales are final, and No1 does not offer any money-back guarantees. The Customer recognises and agrees that they shall not be entitled to a refund for any purchase under any circumstances, except as provided for by the law or with the express written agreement of No1.
    4. The Customer may make changes in specifications for any of the Services at any time. If such changes result in an increase in cost, the price must be adjusted accordingly. If the parties are unable to agree on the amount of the adjustment, No1 acting reasonably will determine the amount of the adjustment.
    5. All prices quoted by No1 in relation to the Services and/ or Works are inclusive of any Taxes payable in relation to any invoice rendered by No1 to the Customer.
  5. Suspension/ termination
    1. If the Customer at any time suspends and/ or terminates all or part of the Work for any reason whatsoever, No1 will be entitled to retain all monies paid to No1 prior to suspension and/ or termination and all reasonable costs associated with the suspension and/or termination of Services.
    2. If any provision or portion of these General Terms and Conditions are found to be invalid or unenforceable by a court of competent jurisdiction or by operation of applicable law, such provision or portion of these General Terms and Conditions shall be deemed to be omitted and the remaining provisions and portions shall remain in full force and effect.
  6. Exclusion of Liability and Indemnity
    1. The Customer agrees to release No1 from and against all loss, damage, liability, cost, demands and claims for loss or for claims arising from infringement of intellectual property right, patent, copyright and trademark, both foreign and domestic, arising out of or in connection with No1’s rendering of Services and/ or Work. The release obligations set forth in this clause 6.1 apply to all such demands, losses, damages, liabilities and claims (and all costs associated therewith) however caused and regardless of the active, passive, sole or concurrent negligence there under and regardless of whether liability without fault or negligence per se is imposed or sought to be imposed on No1.
    2. The Customer indemnifies No1 against any loss or claim of or against No1 as a result of or in connection to the Customers breach of the General Terms and Conditions, including but not limited to the warranties provided in clause 3.2.
  7. Applicable law
    Unless otherwise specified, these General Terms and Conditions are governed by and must be construed in accordance with the laws of the state of New South Wales without regard to the principles of conflict of laws.
  8. Acceptance
    If you do not return the signed copy of these General Terms and Conditions or otherwise take a positive step to accept these General Terms and Conditions but instruct No1 to commence work, that will be taken to be an acceptance of these General Terms and Conditions and costs will be charged in accordance with it.

Signed by the Customer: ……………………………… ..

Name:
Date: /02/2022