Terms & Conditions

Acceptable Use Policy / Terms of Service
This Agreement (“Agreement”) is by and between Emunicate (“Emunicate”) a Australian web development / SEO business and You, Your heirs, agents, successors and assigns (“You”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Emunicate services (“Services”) and explains Emunicate’s obligations to You and Your obligations to Emunicate in relation to the Services You purchase.

This Agreement constitutes the complete and exclusive agreement between You and Emunicate concerning Your use of Emunicate’s Services, and supersede and govern all prior proposals, agreements, or other communications. By purchasing Emunicate’s Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new terms or policies which Emunicate may establish from time to time, and any agreements that Emunicate is currently bound by or will be bound by in the future.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with Emunicate, whether or not the transactions were in Your behalf.

The Terms set forth in this document apply to all customers of Emunicate. Additional Terms may be instituted for other services purchased through Emunicate.

1. TERM OF AGREEMENT; MODIFICATIONS

You agree that Emunicate may modify this Agreement and the Services from time to time. You agree to be bound by any changes Emunicate may reasonably make to this Agreement when such changes are made. If You have purchased Services from Emunicate, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your usage, Emunicate will not refund any amounts You have paid. You agree that Emunicate shall not be bound by any representations made by third parties who You may use to purchase Services from. Emunicate may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying Emunicate should You desire to terminate Your use of Services. Notification of Your intent to terminate must be provided to Emunicate no earlier than thirty one (31) days prior to Your billing date but no later than five (5) days prior to Your billing date. All account cancellations must be requested through the Helpdesk. If Your account is cancelled due to non-payment, Hands-on reserves the right to delete the web site contents without notice.

Definitions
SEO: Search Engine Optimisation
FTP: File Transfer Protocol
CMS: Content Management System (ie Joomla!, Drupal, WordPress etc)
URL: Uniform Resource Locator (web address)
SERP: Search Engine Result Page

1. General
1.1 SEO is governed by many factors which are outside the direct control of Emunicate and indeed, any other SEO company. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time, with which we have no control over. As such, no SEO specialist can offer a 100% guarantee of getting your website ranked #1 on any major Search Engine for your desired keywords.

1.2 Emunicate only use honest, ethical and completely legitimate techniques and accepted standards to improve your Search Engine Ranking – no tricks, no invisible text, no dodgy black hat methods. Some other SEO companies around the world use illegal software to spam Search Engines in order to improve the website rank quicker, but this usually results in a permanent ban of the website. By working with search engines and not against them, Emunicate ensures that clients have the best chance of achieving high organic search engine result page (SERP) rankings.

1.3 Emunicate will provide the services with reasonable skill and care. Notwithstanding the previous sentence, the client acknowledges that Emunicate has no direct control over Search Engines and cannot guarantee the speed of performance of technologies provided by Search Engines in relation to the delivery of the services.

1.4 The quantity and the description of the services shall be as set out in the Project Brief.

1.5 Emunicate operates within the major Search Engines in Australia and worldwide. Listings will appear on either .com.au or .com engines dependant on the website’s status, and the decisions of the Search Engines.

2.2 Website downtime can severely affect SEO. Down time can potentially cost the client their ranking positions for their desired search terms, and even a short period of down time can affect Emunicate’s SEO efforts. If the client’s website experiences downtime due to server error, maintenance or any reason outside of the control of Emunicate for a period of more than 3 days, Emunicate will not be able to fulfil the service requirements as set out in the Project Brief.

2.3 In the event that the client’s website becomes unavailable for any reason (eg if the server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure), the client will not hold Emunicate responsible for these errors. All/any traffic delivered to the client’s website during this down time will not be credited or refunded. In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the ad campaign to be placed on hold. Upon resolution of the problem the held campaign will continue.

2.4 The client acknowledges that there may be occasions when the client’s website or the websites of any third parties may be out of action for limited periods due to technical difficulties or routine maintenance of a third party server, and Emunicate shall not be liable to the client for any downtime of this sort.

3. Access
3.1 The client agrees to supply Emunicate with the necessary FTP and CMS backend access to the website in order to optimise the website unless otherwise negotiated.

4. Content
4.1 Search Engines change their inclusion policy ranking algorithms and methods all the time, and unless the site is maintained with necessary analysis, tuning and necessary alterations, a highly ranked site is unlikely to hold that position for very long.

4.2 Ongoing Search Engine optimisation is important. Emunicate advises that regular, fresh content added to the website will help to improve the stability of rankings within search engines. By accepting this agreement, the client understands fully that regular, unique content plays an important part of the success of their website and that failure to add unique content will lessen the impact of the SEO services provided by Emunicate.

5. Search Engine Submission
5.1 The client gives permission for Emunicate to set, create and or set up relevant accounts with search engines on behalf of client, in order to fulfil its obligations under these terms.

5.2 Search Engines will rank websites with their own differing strategies, so it’s technically impossible to rank highly on all the major Search Engines at the same time.

5.3 Some Search Engines use the algorithms and services of bigger Search Engines. The client acknowledges that any addition or alteration to the listing of the website in any Search Engine may affect the listing in other non-targeted Search Engines.

5.4 Search Engines have differing scheduled times to crawl and index submitted sites into their database, ranging from hours to months. No SEO firm can speed up the process in any ethical way.

6. Changes
6.1 If during the SEO contract period between Emunicate and the client, the client uses a third party (other than Emunicate) for Search Engine optimisation and / or associated workings, Emunicate cannot be held responsible for any consequential loss of listings or associated damages that may arise.

6.2 The client must inform Emunicate of any alterations relating to the website by the client or a third party that may affect the services supplied by Emunicate, including but not limited to deletion, alteration or additions of URL addresses, URL redirects, Landing Pages and their content, confirmation pages and their content, and the removal, overwriting or deletion of any of our optimisation changes. If alterations are made by the client or a third party to the client’s site, Search Engine placements may be affected and Emunicate cannot be held responsible. Emunicate reserves the right to issue a charge to rectify any problems to regain listings.

6.3 If, after agreeing to proceed with Emunicate, the client or a third party makes modifications to the website that use unethical SEO techniques to try and achieve high listings on the Search Engines (such as cloaking, hidden text, keyword stuffing, etc) or add pharmaceutical, gambling or pornographic links to the website that have no relevance to the website, Emunicate will issue a 7 day cancellation request. If the questionable techniques are not removed within that time, Emunicate will cancel the existing contract with immediate effect and all fees payable to Emunicate will be retained. Emunicate will not be held liable for the effects caused by the client or a third party using unethical techniques.

7. Refunds
7.1 Emunicate is under no obligation whatsoever to accept the cancellation of the services or cancellation of orders incorrectly placed.

8. Material
8.1 Emunicate reserves the right to refuse to handle:

Any media which is unlawful or inappropriate;
Any media which contains a virus or hostile program;
Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
Any media which constitutes a criminal offence, infringes privacy or copyright
Any other questionable media at Emunicate’s’ own discretion
9. Warranties and Liability
9.1 Emunicate warrants that the services will at the time of delivery correspond to the description given by Emunicate, either verbally or by means of the Project Brief.

9.2 The Client agrees Emunicate is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

9.3 The Client agrees Emunicate is not liable for absence of service as a result of illness or holiday.

9.4 Emunicate is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

9.5 Emunicate shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the website, even if Emunicate has been advised of the possibility of such damages.

9.6 There are sometimes laws and taxes which affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Emunicate from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.

9.7 Emunicate may from time to time recommend to the Client that updates are needed for their website to comply with, including but not limited to, new legislations, software releases and web standards. Emunicate reserves the right to quote for any updates as separate work. The Client agrees that Emunicate is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Emunicate harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

2. ACCURATE INFORMATION

You agree to maintain accurate information by providing updates to Emunicate as needed, while You are using Emunicate Services. You agree that Emunicate may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Emunicate’s Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Emunicate has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Emunicate has the absolute right, in its sole discretion, to terminate its Services and close Your account.

If there is ever an abuse issue or we need to contact You, the primary email address on file will be used for this purpose. It is Your responsibility to ensure the email address on file is current and up to date at all times.

In order to provide management and monitoring services, and ensure compliance with established policies, all account login information listed in your client area must be accurate. If you wish to change the root password of your dedicated server or Virtual Private Server, please ensure that you also update of this change via the helpdesk. We reserve the right to reset login information if necessary.

3. ACCOUNT SECURITY

You agree You are entirely responsible for maintaining the confidentiality of Your logins, and passwords. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Emunicate immediately of any unauthorized use of Your account or any other breach of security. You agree Emunicate will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Emunicate or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Emunicate specifically disclaims liability for any activity in Your account, whether authorized by You or not.

4. NO UNLAWFUL CONDUCT OR IMPROPER USE

As a condition of Your use of Emunicate Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Emunicate if, for any reason, Emunicate takes corrective action with respect to Your improper or illegal use of its services.

Emunicate reserves the right at all times to disclose any information as Emunicate deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Emunicate’s sole discretion.

Emunicate has no obligation to monitor Your use of the Services. Emunicate reserves the right to review Your use of the Services and to cancel the Services in its sole discretion.

Emunicate reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Emunicate or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Emunicate may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Emunicate may also cancel Your use of the Services, if You are using the Services, as determined by Emunicate in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of Australia and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way.

In the event Emunicate deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Emunicate if, for any reason, Emunicate takes corrective action with respect to Your improper or illegal use of its Services.

5. SERVER SECURITY; UNAUTHORIZED PROGRAMS

You are prohibited from violating or attempting to violate the security of the servers. Violations of system or network security may result in civil or criminal liability. Emunicate will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. These violations include, without limitation:
Accessing data not intended for You or logging into a server or account, which You are not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which You are not entitled.
Shell and Telnet access are disabled on ALL servers. The use of an external script (CGI, PHP or other) to enable shell access is forbidden.
Other unacceptable material include:
VPN, IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, “.img” / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

6. RESOURCE USAGE

You may not;
Use 25% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources without prior authorization from Emunicate Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield, etc
Run cron entries with intervals of less than 15 minutes

7. BANDWIDTH USAGE

Certain hosting plans, virtual and dedicated servers allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should Your Account exceed the allocated amount, Emunicate reserves the right to:
Suspend the account until the start of the next allocation
Suspend the account until you upgrade to a higher level of package
Apply an overage fee (in the case of virtual or dedicated servers)
Unused bandwidth for any given month may not be carried over to the next month.

8. NO SPAM; ZERO TOLERANCE

You agree Emunicate may immediately terminate or suspend any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, You agree to pay Emunicate any damages associated with the transmission of said SPAM, and may incur a $5.00 per abuse penalty or the maximum allowed by Law.
You acknowledge You have read and understand and agree to be bound by the terms and conditions of our Mailing Policy. Such terms and conditions are applicable to the use of all Emunicate Services and are incorporated herein.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Newsletters, mailing lists and other marketing emails can only be sent from the account that is being promoted. You may not use an account to advertise services of another account without prior authorization from Emunicate Management. Example: If you send mail from “www.example.com”, the destination advertised in the email must be “www.example.com”, you may not direct the user to “www.other-location.com”

9. INTELLECTUAL PROPERTY

You agree that Emunicate will hold no copyright claims to your electronic files. You further agree that all content that you upload to our Services will be considered to be your own intellectual property. All scripts uploaded should be kept up to date to avoid exploitation of your site. All scripts, mailings, content and files posted on your site are your responsibility and malicious actions taken in part by your site will be your responsibility also. Any and all repercussions will be born solely by you as the account holder. Emunicate will not be held responsible or accountable for any materials published, stored or otherwise held in your web folder.

10. USE OF EMUNICATE SOFTWARE

If You have licensed software from Emunicate, Emunicate grants You a limited, non-exclusive, nontransferable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.

You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
Emunicate reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Emunicate. The source code and its organization are the exclusive property of Emunicate and the Software is protected by copyright, including Australian Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by Emunicate.
Emunicate provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

11. FEES AND PAYMENT

You agree to pay Emunicate at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Emunicate expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, direct transfer or through the use of PayPal Payment Services.
Emunicate will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Emunicate, at Emunicate then current rates.

Invoices are due on the date indicated on the invoice. A five (5) day grace period is allowed beyond the specified due date, after which all related accounts are subject to suspension or termination.

If for any reason Emunicate is unable to charge Your Credit Card for the full amount owed Emunicate for the Services provided, or if Emunicate is charged a penalty for any fee it previously charged to Your Credit Card, Check or PayPal payment, You agree that Emunicate may pursue all available remedies in order to obtain payment.
11a. Payment by PayPal
It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and Emunicate will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Emunicate may pursue all available remedies in order to obtain payment.
Payments by PayPal to Your Account are not automated. You must log in each time to the billing system upon receipt of the invoice to pay the outstanding bill via PayPal.

12. CANCELLATION OF SERVICE

Cancellation requests will only be accepted via the Cancellation Form. All cancellations must be received a minimum of five (5) days prior to the next billing date of the domain being cancelled. If You notify Emunicate less than five (5) days before the next billing date of the domain being cancelled, the charges incurred as a result of that renewal will not be refunded. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive a confirmation of your cancellation, your account has not been cancelled. Please allow up to 24 hours for your cancellation to be processed. If you do not receive a cancellation receipt from us within 24 hours, please contact us immediately. We cannot accept cancellation requests over the phone or via the Live Chat interface for security reasons. Please make sure a backup has been made of your data prior to cancellation as we will not keep one for you.

13. BACKUP AND DATA LOSS

Emunicate will not be held responsible for any loss of data held on our servers to
Your website. Emunicate will always try to restore Your lost data, however this doesn’t always work as the data may be corrupted. In such an instance, Emunicate will not be held responsible. It is Your responsibility to maintain current backups of Your website data.

14. REFUSAL OF SERVICE

Emunicate reserves the right to refuse or cancel service in its sole discretion with no refunds. If any of the Terms of Service are failed to be followed, it will result in grounds for immediate account deactivation.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

15. PRIVACY POLICY

An update of our Privacy Policy can be found here. Www.emunicate.com.au/privacy

16. REPRESENTATIONS AND WARRANTIES

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.

Emunicate expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Emunicate, as well as its affiliates, subsidiaries, officers, directors and employees. Emunicate also reserves the right to freeze a domain name and hosting service during resolution of a dispute.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL EMUNICATE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Hands-on HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Emunicate liability is limited to the full extent permitted by law. You agree that in no event shall Emunicate maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from Emunicate

18. DISCLAIMER OF WARRANTIES

Emunicate expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an “As Is” and “As Available” basis. Emunicate makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Emunicate does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

19. INDEMNIFICATION

You agree that You shall defend, indemnify, save and hold Emunicate harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Emunicate its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by You, Your agents, employees or assigns. You agree to defend, indemnify and hold harmless Emunicate, against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Emunicate; (2) any material supplied by You infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Emunicate’s server.

20. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY

This agreement shall be deemed entered into in Australia. You agree that any action relating to or arising out of this Agreement shall be brought in the courts Australia.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

21. NOTICES

You agree that all notices (except for notices concerning breach of this Agreement) from Emunicate to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Emunicate. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Emunicate shall be made either by the Support System www.emunicate.com.au/support as defined on the Emunicate Web Site, or first class mail to Emunicate’s address at: Po box 3242 Wetherill Park NSW 2164

22. ENTIRE AGREEMENT

You agree that this Agreement including the policies and agreements it refers to (i.e. our Mail Policy, etc.) constitute the complete and only Agreement between You and Emunicate regarding the Services contemplated herein.

23. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
24. WAIVER

The failure of Emunicate to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Emunicate thereafter to enforce such provisions.
Last Revised: 6/22/13
Copyright © 2013 Emunicate. All Rights Reserved.