Terms and Conditions
TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES
1. Application of these terms and conditions
1.1.
Please read the following terms and conditions carefully before executing the relevant proposal, which has been provided to you by liveline Pty Ltd (“liveline”).
1.2. By signing the relevant proposal, the customer named in the proposal (“the Client”) agrees, declares and acknowledges that the Client has read and understood these terms and conditions for the supply of Services (“Terms and Conditions”) and acknowledges that these Terms and Conditions, form the legally binding agreement (the “Agreement”) between the Client and liveline pursuant to which liveline will provide the Services to the Client.
2. Pricing
2.1 The Client will pay $200 onboarding fees.
2.2 The Client shall, in accordance with the fee schedule set out in the proposal (or as otherwise agreed in writing by the Client and liveline from time to time), pay for the Services provided by liveline.
2.3 Applicable fees will be invoiced starting in advance of using such services. liveline reserves the right to change the payment terms and fees upon seven (7) days prior written notice to you.
2.4 Applicable fees will be clearly communicated via email.
3. Payment
3.1. liveline shall invoice the Client for the services as set out in the proposal.
3.2 liveline must ensure that each invoice:
3.2.1 is a valid Tax Invoice (as defined in the GST Act) for GST purposes; and
3.2.2 states the Client unique order number(s), date of issue of invoice, the Services provided by liveline and the price including GST.
3.3 Payment for the Services supplied by liveline to the Client must be made without deduction unless otherwise agreed. If at any time the Client disputes an amount payable to liveline, the Client will pay the disputed amount. If the dispute is resolved in favor of the Client, the Client will first set-off the disputed amount paid against any monies then due and payable to liveline as at the date the dispute is resolved or should there be no monies due, the amount will thereafter be held by liveline to the credit of the Client against future amounts payable by the Client to liveline.
3.4 The amount shown on the invoice shall be paid by the Client within the time frame specified in the proposal. If the proposal is silent with respect to the time frame for payment, the amount shown on the invoice must be paid by the Client within 14 days after the date of the invoice.
3.5 liveline is entitled in its absolute discretion to set-off any credits that may appear in the Client’s account with liveline against any other amounts owed by, or debts of, the Client to liveline.
4. Use of Services
4.1 Our Responsibilities
We shall:
4.1.1 provide basic support to the Client, and
4.1.2 use commercially reasonable efforts to make the Purchased Service available, except for any planned downtime, or any unavailability caused by circumstances beyond liveline’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, labour strikes, Internet service provider failures or delays, or denial of service attacks
4.1.3 provide the Purchased Service only in accordance with applicable laws and government regulations.
4.2 Our Protection of your Data
We shall not disclose Your Data except as compelled by law in accordance or as expressly permitted in writing by You.
4.3 Your Responsibilities (things you must do)
You shall:
4.3.1 be responsible for compliance with this Agreement,
4.3.2 use the Services only in accordance with applicable laws and government regulations.
4.4 Your Responsibilities (things you must not do)
You shall not:
4.4.1 sell, resell, rent or lease the Services,
4.4.2 use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party copyright, trademark, privacy or other proprietary rights,
4.4.3 use the Services to store or transmit viruses, worms, trojan horses, and other harmful or destructive content (“Malicious Code”),
4.4.4 interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or
4.4.5 attempt to gain unauthorized access to the Services or related systems or networks.
4.4.6 during the term of this Agreement and for a period of six months after it ends, you must not directly or indirectly solicit for employment or contract for service any employee or representative of liveline. This does not preclude you from advertising or recruiting generally in the media.
5 Changes
liveline reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes.
liveline may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6 Termination
liveline may terminate the service at any time, with written notice of 3 days.
If the Client wants to terminate this Agreement, the Client must cancel the service by emailing liveline and notice of 4 weeks. The Client will need to pay the invoice of the notice month.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7 Indemnification
You agree to indemnify and hold harmless liveline, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including lawyers’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
8 Limitation of Liability
In no event will liveline, or its suppliers or licencors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
8.1 any special, incidental or consequential damages;
8.2 the cost of procurement for substitute products or services;
8.3 for interruption of use or loss or corruption of data; or
8.4 for any amounts that exceed the fees paid by you to liveline under this agreement during the twelve (12) month period prior to the cause of action.
