6.1 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
6.2 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Services (or any of them) promptly or at all.

7.1 If the Seller retains property in the Services nonetheless, all risk for the Services passes to the Buyer on delivery.

8.1 The Buyer shall inspect the Services on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Services within a reasonable time following delivery if the Buyer believes the Services are defective in any way. If the Buyer shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
8.2 For defective Services, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller's liability is limited to either (at the Seller's discretion) replacing the Services or repairing the Services provided that the Buyer has complied with the provisions of clause 8.1, except where the Buyer has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer's discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
8.3 For Materials not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Materials. The Seller shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturers warranty.

9.1 The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Buyer acknowledges that he buys the Services relying solely upon his own skill and judgement.

10.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

11.1 Notwithstanding anything herein, the Intellectual Property Rights in the Seller's Materials and the Seller's Routines do not vest in the Buyer and there is no assignment of the Intellectual Property Rights in the Seller's Materials or the Seller's Routines to the Buyer. The Seller hereby grants to the Buyer an irrevocable, non-exclusive and non-transferable licence to use and reproduce the Seller's Materials and Seller's Routines for the purposes of this agreement only.
11.2 The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyers order.
11.3 Where the Seller has provided photographic or graphical (digital or otherwise) images for the Buyer, at the Sellers sole discretion any such images may be subject to ongoing licence payments for use of such images. The period of any such licence is determined by the Seller from time to time.

12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
12.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller's collection agency costs.
12.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller has exercised its rights under this clause.
12.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
12.5 Without prejudice to the Seller's other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to the Seller becomes overdue, or in the Seller's opinion the Buyer will be unable to meet its payments as they fall due; or
(b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer.

13.1 It is the intention of the seller and agreed by the Buyer that property in the Services shall not pass until:

(a) the Buyer has paid all amounts owing for the particular Services, and
(b) the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer, and that where practicable the Services shall be kept separate until the Seller shall have received payment and all other obligations of the Buyer are met.

13.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller's ownership of rights in respect of the Services shall continue.
13.3 It is further agreed that:

(a) until such time as ownership of the Services shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Services or any of them to the Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Services shall cease.
(b) the Seller shall have the right of stopping the Services in transit whether or not delivery has been made; and
(c) if the Buyer fails to return the Services to the Seller then the Seller or the Seller's agent may enter upon and into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Services are situated and take possession of the Services.
(d) the Buyer is only a bailee of the Services and until such time as the Seller has received payment in full for the Services then the Buyer shall hold any proceeds from the sale or disposal of the Services on trust for the Seller. (e) the Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller.
(f) the Buyer shall not charge the Services in any way nor grant nor otherwise give any interest in the Services while they remain the property of the Seller.
(g) the Seller may require payment of the Price or the balance of the Price due together with any other amounts due from the Buyer to the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.
(h) the Seller can issue proceedings to recover the Price of the Services sold notwithstanding that ownership of the Services may not have passed to the Buyer.
(i) until such time that ownership in the Services passes to the Buyer, if the Services are so converted, the parties agree that the Seller will be the owner of the end products.

14.1 Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever:

(a) where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller's nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller's costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Seller or the Seller's nominee as the Buyer's and/or Guarantor's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 14.1.

15.1 The Seller may cancel these terms and conditions or cancel delivery of Services at any time before the Services are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
15.2 At the Sellers sole discretion the Buyer may cancel delivery of the Goods and/or Services. In the event that the Buyer cancels delivery of the Goods and/or Services the Buyer shall be liable for any costs incurred by the Seller up to the time of cancellation.

16.1 The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.
16.2 The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

(a) to assess an application by Buyer;
(b) to notify other credit providers of a default by the Buyer;
(c) to exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and
(d) to assess the credit worthiness of Buyer and/or Guarantor/s.

16.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:

(a) provision of Services;
(b) marketing of Services by the Seller, its agents or distributors in relation to the Services;
(c) analysing, verifying and/or checking the Buyer's credit, payment and/or status in relation to provision of Services;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and
(e) enabling the daily operation of Buyer's account and/or the collection of amounts outstanding in the Buyer's account in relation to the Services.

16.5 The Seller may give information about the Buyer to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Buyer; and or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.

17.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the District Court of Mullumbimby.
17.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.
17.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Services.
17.5 The Buyer shall not set off against the Price amounts due from the Seller.
17.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer's consent.
17.7 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller notifies the Buyer of such change.
17.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
17.9 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller's right to subsequently enforce that provision.

18.1 Unless expressly included in the agreement Hosting Services does not include the building or development of a web site.
18.2 Third party applications installed via Cpanel are provided:

(a) free with Hosting Services; and
(b) as is with no warranty; and
(c) with no technical support (this can be purchased on an ad hoc basis).

19.1 The Seller will, at its sole cost and expense:

(a) host the Buyer Web Site on the Seller's webserver; (b) ensure that from the Live Date:

(i) sufficient capacity is maintained on the Seller's webserver to enable Users access to the Buyer Web Site in a timely manner;
(ii) the Buyer Web Site is accessible to Users in accordance with the Service Levels (subject to reasonable downtime for server maintenance which has been notified to the Buyer prior to the commencement of the downtime or Web Site Maintenance in accordance with Clause 18.1(c));

(c) provide the Buyer with reasonable electronic access to the Buyer Web Site to perform maintenance services.

20.1 The Seller will not:

(a) alter or amend, or permit any person to alter or amend the Buyer's Web Site without the written consent of the Buyer;
(b) post or display on the Buyer's Web Site any advertisement, sponsorship or promotion without the written consent of the Buyer;
(c) use any user data for marketing, referral or other purposes except as expressly authorised by this agreement;
(d) sub-licence, rent, time-share, lease, lend or grant any rights to use the Buyer's Web Site; or
(e) assign, transfer or authorise anyone else to exercise the rights in any licence granted pursuant to this agreement.

21.1 The Buyer will, at its sole cost and expense:

(a) develop and maintain the Buyer's Web Site;
(b) provide the Buyer's Materials to the Seller, in such form as reasonably prescribed by the Seller from time to time, and hereby grants the Seller a non-exclusive, world wide, irrevocable licence to use the Buyer's Materials for the purposes of hosting the Buyer's Web Site;
(c) do all things reasonably necessary to enable the Seller to host the Buyer's Web Site on the Seller's webserver;
(d) ensure that the Buyer's Materials supplied to the Seller do not contain:

(i) prohibited Content;
(ii) a Link to any Web Site that contains Prohibited Content; or
(iii) any viruses, trojan horses, worms, time bombs or any other software program or routine designed for or capable of interfering with the operation of the Hosting Services.