archbuild.com.au - Term and Conditions

SUBSCRIPTION - TERMS AND CONDITIONS

1. AGREEMENT Archron Pty Ltd is requested by the Customer named on the agreement document(s) ("Customer"), to display Customer's Advertising on archbuild.com.au Building Professionals Register.
2. PAYMENT Customer must pay to Archron Pty Ltd the Amounts Payable at the times and by the method of payment indicated on the agreement document(s).
3. DEFAULT IN PAYMENTS Date due for payment shall be seven (7) days from the date of invoice. In the event that the customer fails to make payment on the due date they shall pay interest at the rate equal to 15% per annum on such fees due to Archron Pty Ltd, until payment in full.
3.1 Customer must pay to Archron Pty Ltd all costs and expenses incurred by Archron Pty Ltd in recovering Amounts Payable, including without limitation debt collection agency fees and legal costs at the rates normally charged by the debt collection agency or solicitor.
4. TERMINATION If this agreement is terminated by Archron Pty Ltd it will be in accordance with this clause:
4.1 If Customer fails to pay any of the Amounts Payable within 7 days of the due date for payment or if Customer is in breach of any term, condition, warranty or undertaking contained in this agreement, Archron Pty Ltd may at its option immediately terminate this agreement by notification in writing given to Customer.
5. CANCELLATION Archron Pty Ltd will have no obligation to refund any Amounts Payable, which have already been paid.
	(a) Customers will have no obligation to pay further Amounts Payable to Archron Pty Ltd other than Amounts Payable, which were due for payment before cancellation.
	(b) Customer's Advertising Sites may be removed from each Archron Pty Ltd Building Professionals Register.
5.1 If the Customer breaches any term of this agreement including any warranty, the Customer will indemnify Archron Pty Ltd against all claims, costs and expenses and generally all loss, damage and liability arising directly or indirectly which Archron Pty Ltd may suffer or incur from the breach.
6.CUSTOMER'S WARRANTIES Customer warrants to Archron Pty Ltd that:
	(a) Customer is the owner of all intellectual property rights in all material included in Customer's Advertising or is duly licensed by the owner of any such rights and Customer's Advertising will not infringe the intellectual property rights of any other party.
	(b) Customer's Advertising is not defamatory, false, misleading or deceptive.
	(c) Customer's Advertising conforms with all legal requirements and its publication will not lead to a breach of any law or of any contractual obligation to which Customer is subject.
	(d) The products or services which are the subject of Customer's Advertising will be supplied by the Customer in accordance with all applicable laws, national privacy principles and good marketing practice and are fit for their purpose and are of merchantable quality.
7. LIABILITY Archron Pty Ltd will not be liable for:
	(a) Any errors or omissions in Customer's Advertising as displayed, or in the manner in which it is displayed after final content approval.
	(b) Any errors in category section of Customer's Advertising.
	(c) Any delays in display of Customer's Advertising, including without limitation, is delayed due to situations beyond our control.
	(d) Loss of revenue or profits, economic loss, indirect and consequential loss or damage suffered by Customer or any other party and to the extent permitted by law Archron Pty Ltd liability under or arising our of this agreement.
8. PRIVACY Customer hereby acknowledges, consents and agrees that:
	(a) Customer has been notified by Archron Pty Ltd that in accordance with the Privacy Act 1988, certain items of personal information concerning the Customer may be disclosed to a credit reporting agency.
	(b) In accordance with the provisions of paragraphs (b), (c) and (h) of Section 18K(1) and /or Section 18L(4) of the Privacy Act 1988 disclosure by a credit reporting agency and/or use by Archron Pty Ltd of information may occur for the purposes of Archron Pty Ltd assessing the Customer before entering into this agreement.
	(c) This acknowledgement, consent and agreement will continue in operation and effect until all Amounts Payable have been paid in full.
9. NOTICES Either party may give notice to the other under this agreement:
	(a) By forwarding the notice by prepaid ordinary mail to the address of the other party appearing on the agreement document(s), or such other address notified in writing by the other party as its address for services; or
	(b) By facsimile transmitted to the facsimile number of the other party appearing on the agreement document(s), or such other facsimile number notified in writing by the other party as its address for service.
10. ADVERTISING CONTENT AND PLACEMENT Archron Pty Ltd has the unqualified right at any time to reject any material submitted for or on behalf of Customer for Customers Advertising. Without limitation, any such rejection may be pursuant to any Archron Pty Ltd policy on advertising standards.
10.1 In relation to each Advertising Sites(s), Archron Pty Ltd has the right to:
	(a) Control the design and creation of the page, site or other means of display of the customer site;
	(b) Remove customer's site from the archbuild.com.au Building Professionals Register if Archron Pty Ltd reasonably believes customer is or will be in breach of any undertaking or other provision contained in this agreement.
10.2 Archron Pty Ltd may remove Customer's Advertising from the archbuild.com.au Building Professional register.
	(a) Archron Pty Ltd may retain all Amounts Payable paid to such time and will have no obligation to refund any monies to Customer.
	(b) Customer must pay any Amounts Payable due before termination yet unpaid.
11. GST Despite any other provision of the agreement:
	(a) All amounts payable under this agreement are exclusive of GST; and
	(b) If a GST applies to any Supply under or in connection with this agreement (including without limitation any amount payable to Archron Pty Ltd under Section 7 of this agreement) the consideration provided for that Supply will be increased by and amount equal to the GST liability properly incurred by the party making the Supply
11.1 The provider of any Supply under this agreement must provide a tax invoice to the recipient of the Supply within 28 days of a request made by the recipient.
12. SUPPLEMENTATION OR VARIATION No supplementation or variation of this agreement is effective unless in writing, signed by the parties and any such variation agreement, is subject to the terms of this agreement except to the extent of any express inconsistency.
13. INTELLECTUAL PROPERTY Customer acknowledges and agrees that Archron Pty Ltd will be the owner of all right, title and interest, including copyright, in the format and content of each of their advertising site(s), except for Customer's previously existing trademarks and copyright.
14. DEFINITIONS AND GOVERNING LAW
	"Customer's Advertising" means advertising of Customer's business as specified on the agreement document(s).
	"Agreement Document(s)" means the customer information outline for input for Advertising Site(s), which these terms and conditions appear, as supplemented or varied by a variation agreement.
	"Advertising Sites(s)" means a form of electronic display and communication, identified on the agreement document(s).
	"Amounts Payable" means, subject to clause 12, the amounts set our on the agreement document(s).
	"GST Law" means the same as in the A New Tax System (Goods and Services Tax) Act 1999
	"Supply" has the same meaning as given by the GST law.
	"Act" includes an amendment or re-enactment of that legislation and includes subordinates legislation in force under it.
15. STATE LAW This agreement will be governed by the laws of the State of Victoria and each party submits to the exclusive jurisdiction of the Courts of that State.