These Terms & Conditions govern your use of GIMIXZ (the “Service”), an Internet subscription service operated by GIMIXZ, (“GIMIXZ”) that provides users with access to a Website creation and hosting service and/or Search Engine Optimisation services for Google ! GIMIXZ is provided to you by GIMIXZ on an “AS IS”, “AS AVAILABLE” basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use GIMIXZ for other purposes, directly or indirectly, by you or by a third party is prohibited.
Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these Terms and Conditions of Service. The Service consists of website development services and software and/or Search Engine Optimisation services. Your participation in the Service is conditional upon your acceptance of these stated terms and conditions. Please read the following terms and conditions. Your acceptance of these terms and conditions is indicated by your payment for the services.
GIMIXZ reserves the right, at its discretion, to change or modify all or any part of these Terms and Conditions at any time. Such changes or modifications shall be effective immediately upon notice published on www.Gimixz.com.au. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by GIMIXZ as permitted above. If at any time these Terms and Conditions are no longer acceptable to you, you should immediately terminate your subscription to the service in writing.
You understand that GIMIXZ requires the registry key for your domain name in order to publish your website to the Internet if you have GIMIXZ Develop or redesign your existing website. It is your responsibility to provide all requested details to GIMIXZ. You understand that any delay in providing the requested details to GIMIXZ will delay the publication of your website. You also understand that you will be billed for the construction of your website, even if you do not provide the requested details to GIMIXZ. You also understand that even if you provide the requested details in a timely manner, there may be a delay in the publication of your website due to latencies in the propagation of domain name information across the Internet. You understand that these propagation latencies are outside of GIMIXZ’s control and GIMIXZ cannot be held accountable for such delays.
All domain registrations and renewals are to be paid in advance.
Expiration of a domain can result in service disruption and loss of domain.
Gimixz will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
It is client’s responsibility to renew their domain names with us.
All invoices and dues must be paid in full before we release the requested domain name.
Gimixz has the domains in a common pool account and therefore cannot give access to its domain control panel.
Gimixz offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
You must provide accurate, complete, and current registration information and you agree to provide GIMIXZ with an update of that information promptly should changes occur.
Subscriptions to the Service are available only to individuals who are at least 18 years of age or to incorporated businesses or sole traders or partnerships or trusts or associations owned or operated by individuals who are at least 18 years of age. Your right to use the Service cannot be transferred to any other person or any other entity.
GIMIXZ may terminate, at its own discretion, any registration, including without limitation any or all related information, communications, postings, Web pages, Websites or services, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or these Terms of Service, or material that GIMIXZ, at its sole discretion believes is harmful to others, the business of GIMIXZ or other third party information or service providers. You acknowledge that the Service contains information, software, photographs, graphics, keywords and other material (collectively, the “Content”) that is protected by copyright, trademark or other proprietary rights of GIMIXZ or third parties. All Content on the Service is copyrighted as a collective work of GIMIXZ pursuant to applicable copyright law.
You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. The Content is intended for the use of the registered subscribers of the Service. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as otherwise expressly permitted in these terms and conditions. Content consisting of downloadable software may not be reverse engineered unless specifically authorised by the owner of the software’s patent and/or copyright. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of GIMIXZ or the owners of such Content or their authorised persons.
Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.
It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
All renewals must be paid by seven working days prior to the expiry date. Gimixz will not be responsible for issues relating to delayed payment.
Hosting are on shared and non-shared servers hosted via third party providers. Gimixz ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
Incase of a malware attack, Gimixz reserves the right to delete files on the hosting service without giving any prior notice
Digital Marketing Package or Digital Strategy Package Terms:
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.
They are billed monthly and are payable by the 1st of every month.
Packages are designed with keeping in mind Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party softwares or marketing expenses are included.
Gimixz employee fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
Any extra hours used may be billed separately. Any urgent tasks will be charged separately.
Support requests need to be sent via email to email@example.com
Payable by the 1st of every month. We strongly recommend our clients to have a direct debit set-up for the same.
An administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.
There are absolutely no refunds for any fees related to the digital marketing/strategy package.
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.
Gimixz reserves the right to terminate at anytime with written notice to the Client.
You, as a user of the Service, understand that all information contained in your content, whether publicly posted or privately transmitted, are the sole responsibility of the user generating the same. This means that you are responsible and may be held legally liable for all Information that you upload post or otherwise transmit via GIMIXZ. For example, you shall not:
GIMIXZ does not control, actively monitor or review the Information uploaded, posted, transmitted or made available on or through GIMIXZ and shall not be responsible for any Information and does not guarantee the accuracy, integrity or quality of such Information. You understand that by using GIMIXZ Australia, you may be exposed to Information that is offensive, indecent or objectionable. Your website content on the GIMIXZ Australia tool is solely your responsibility; GIMIXZ will not be liable for any liability in regards to the material used on your website.
As a user of the GIMIXZ Service, you agree to abide by GIMIXZ’s Acceptable Use Policy, and to be liable for any charges incurred for excess usage of the service, whether caused by yourself, or by others visiting your website, or sending email to your email account(s). GIMIXZ will immediately suspend any sites that are we deem to have breached the above policy, and if any illegal activity has been found they may at their discretion contact the appropriate Law Enforcement authorities. GIMIXZ will not be held liable for any content stored on our servers in directories that are controlled by users.
You the user are responsible for making sure that all of your email passwords and website passwords are kept in a secure location. GIMIXZ will not set usernames and passwords to be the same thing as this breaches our security protocols. If you feel that your password has been compromised you must contact GIMIXZ via email as soon as possible. GIMIXZ will not be held liable for any activity that has been undertaken under an account with a compromised password.
Whilst GIMIXZ hope there are no server outages we cannot be held responsible for any sort of software failure or hardware failure or internet connection failure. GIMIXZ will also not be held liable for any loss of income due to Service Outages, it is the customers responsibility to advise GIMIXZ if they require a guaranteed 80% uptime. GIMIXZ will do its best to schedule Service Outages outside of business hours to minimize disruption to businesses.
Information posted on GIMIXZ
By transmitting, uploading, posting or submitting any content to GIMIXZ you declare such Information is not confidential, secret or proprietary information;
warrant that no other party has rights to the Information and that your transmission, posting, uploading or submission of the Information to GIMIXZ does not violate any copyright or other laws; and
Irrevocably grant GIMIXZ, a worldwide, royalty free, non-exclusive perpetual, worldwide license to use, display, perform, distribute, modify, reproduce and publish the content in any form anywhere. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any information available on or through Gimixz.
2) GIMIXZ shall not be obligated to actively monitor, review, or otherwise control in any manner, the content users post, upload or transmit through GIMIXZ. However, GIMIXZ reserves the right but not the obligation, in its sole discretion, to refuse or remove any Information available on or through GIMIXZ. Without limiting the foregoing, GIMIXZ shall have the right to remove any Information that violates these Terms and Conditions of Service or is otherwise objectionable in GIMIXZ’s sole opinion. The information on GIMIXZ may include inappropriate material. By entering or using GIMIXZ you undertake full responsibility that the information complies with your needs and is accurate and when deemed important is confirmed in writing.
Determine whether you have adequate legal rights to store, reproduce or otherwise use the information in any manner contemplated by you and comply with any legal obligations, including without limitation obligations imposed by copyright, trade secret, defamation, indecency, online conduct and acceptable content, privacy and export laws. If you do not agree to these Terms and Conditions, do not enter or use GIMIXZ.
However, GIMIXZ reserves the right but not the obligation, in its sole discretion, to refuse or remove any Information available on or through GIMIXZ. Without limiting the foregoing, GIMIXZ shall have the right to remove any Information that violates these Terms and Conditions of Service or is otherwise objectionable in GIMIXZ’s sole opinion. The information on GIMIXZ may include inappropriate material. By entering or using GIMIXZ you undertake full responsibility to:
(a) Determine whether the information complies with your needs
(b) Determine whether you have adequate legal rights to store, reproduce or otherwise use the information in any manner contemplated by you and
(c) Comply with any legal obligations, including without limitation obligations imposed by copyright, trade secret, defamation, indecency, online conduct and acceptable content, privacy and export laws. If you do not agree to these Terms and Conditions, do not enter or use GIMIXZ. Your website content is solely your responsibility; GIMIXZ will not be liable for any liability in regards to the material used on your website.
Third Party Links
Some portions of the GIMIXZ or users’ Websites available on or through GIMIXZ may include links to third party sites. These links allow you to exit these Websites and enter third party or other users Websites. These links are provided only as a convenience. The linked Websites are not reviewed, controlled or examined by GIMIXZ and GIMIXZ is not responsible for the Information, advertising, products, resources or other material, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the linked site by GIMIXZ. In no event shall GIMIXZ be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the third parties’ Websites or the Information, advertising, products, resources or material accessed through these Websites. GIMIXZ reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any icon or link to a Website, from GIMIXZ and GIMIXZ user amended Websites.
Fees and Payments
You agree to pay all fees and charges incurred by you or any third party using your Service account (whether or not authorised by you) at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to applicable taxes, and charges for any products or services offered for sale through the Service by GIMIXZ or by any third party.
You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service (e.g. charges imposed by an Internet access provider, or your local telephone company). Ongoing hosting and Search Engine Optimisation fees (including costs associated with GIMIXZ maintaining your Google and Yahoo! Search rankings) will continue automatically, at the end of your subscription until such time as we receive a cancellation in accordance with our Cancellations policy.
GIMIXZ shall provide you with website and website hosting services (where required). The subscription amount is the amount agreed to on the order form at the time of sale. GIMIXZ works closely with you to identify realistic goals and timelines and design an appropriate website. If objectives are not met, we will offer to make it right within 20 days from review date. You have a period of three months to provide us with website content, after which your account will go live and any due payments become payable.
GIMIXZ will not provide you with the login details until such time as the website has been approved and signed off to go live. If your due payment has not been made, as per your payment terms, your account will be suspended until payment has been received and a reactivation fee of $75 will apply. If there is no payment after 90 days for a due payment, as per the payment terms, the account will be cancelled and the account will not be subject to any form of a refund. Cancelled accounts can not be reactivated and any account history or information will not be retrievable.
Cost of Debt Recovery
By subscribing to our services you expressly agree that you are liable for any recovery costs including administrative fees, debt recovery fees, Solicitor Fees and disbursements incurred by GIMIXZ as a result of your failure to pay the fees and charges for the service provided within the strict terms of payment specified in this agreement. You accept that you may also be charged an additional fee for interest at the statutory rate recoverable in the appropriate Court at the time prevailing however you are aware that costs incurred through Court action against yourself will be limited to the fees recoverable under the State Legislation for legal cost recovery.
Cost Recoverable Clause
“Any expenses, costs or disbursements incurred by GIMIXZ in recovering any outstanding monies including debt collection fees and Solicitor costs shall be paid by the Client, providing that those fees do not exceed the scale charges as charged by that Debt Collection Agency/Solicitor plus any out of pocket expenses. It is our policy, to list any defaulting accounts with Dunn & Bradstreet. This listing will remain on your credit file for a period of five years. Please be aware that this may affect any further credit application.”
To meet our client expectations and our service excellence standards, GIMIXZ will proceed in carrying out additional efforts to finalise a project.
As a customer of GIMIXZ you understand that any additional effort incurred by GIMIXZ to deliver your project needs to be billed extra as per the initial quoted amount and/or the standard hourly charges of $66 per hour for Design and $99 per hour for development whichever is greater.
You furthermore understand that the charges for the additional effort will be billed either prior or post launch based on circumstances and billing cycles.
Only GIMIXZ may, at its sole discretion, allow you to cancel your contract agreement. Notification of intent to cancel must be provided in writing or by email to info@Gimixz.com.au
You must notify GIMIXZ if you do not wish to renew your subscription before the end of the contract. GIMIXZ will automatically renew your subscription at the end of each term and bill the then-current renewal fee to the same address your original subscription fee was billed to, or to the current address we have on our files.
You may cancel your GIMIXZ Web website account at any time by notifying GIMIXZ two weeks prior to the date that you wish to terminate the service in writing, should you do this; a cancellation fee of $250 will apply.
If your website hosting account is cancelled prior to the end of each annual term, but after your website is built you will not be entitled to a refund of any monies. You are responsible for all charges incurred up to the time the account is terminated, including all annual charges for the year in which termination became effective. GIMIXZ reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. GIMIXZ may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
Websites that have been on hold for over three months without any content provided to www.Gimixz.com.au and have failed to reply to GIMIXZ’s notices are not entitled to any refund. This will cover administration and customer service fee provided during the period of website content collection.
Disclaimer of warranties
You expressly agree that entering or using of GIMIXZ is at your own risk. No warranty, representation, condition, undertaking or term – express or implied, statutory or otherwise – including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of GIMIXZ is given or assumed by all such warranties, representations, conditions, undertakings and terms are hereby excluded.
GIMIXZ makes no warranty that GIMIXZ will meet your requirements, or that GIMIXZ will be uninterrupted, timely, secure, or error free; GIMIXZ makes no representations as to the suitability of the information available on or through GIMIXZ, including but not limited to user amended sites, for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness or currency.
GIMIXZ makes no warranty that its services will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose, GIMIXZ makes no warranty that a Website will lead to any clicks to your business or other information. Our pay for performance structure protects you the consumer from not being charged if optimisation results haven’t been delivered.
GIMIXZ makes no warranty that a Website will lead to consistent exposure of your business or your key words during your subscription period (including but not limited to, the position your advertisement is placed on a search result page or the frequency and time of day that your website is indexed).
All such information on the user-amended sites is provided by the users. The information available on or through GIMIXZ user amended sites is not reviewed, controlled or examined by GIMIXZ in any way before it appears on GIMIXZ. GIMIXZ does not endorse, verify or otherwise certify the contents of any such information.
Users are solely responsible for the contents of their websites and their keywords and may be held legally liable or accountable for the contents of their websites (including without limitation in connection with infringement of intellectual property rights of any other party).
GIMIXZ abides by the guidelines of Google and Yahoo!, key words requested by the customer must also abide by these guidelines. The packages are sold on the terms of key words being a key word associated with a location, hence key words on their own without a location will require a higher charge. GIMIXZ is not responsible for the drop in ranking for any key words due to the constant change in search algorithm by the relevant search engine companies; hence if your subscription amount can no longer cater for the key words, they will be removed from your list of key terms and you will not be charged an on-going maintenance fee unless the key word is re-optimised.
GIMIXZ does not warrant or guarantee:
that any information available on or through GIMIXZ will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties;
that the information available on or through GIMIXZ will not contain adult-oriented material, or material which some individuals may deem objectionable; or
that the functions or services performed by GIMIXZ will be uninterrupted or error-free or that defects in GIMIXZ will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage user’s information or system
Limitation of Liability
In no event shall GIMIXZ be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of GIMIXZ even if GIMIXZ shall have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you. In no event shall GIMIXZ be liable to any party for any delays, inaccuracies, errors or omissions with respect to GIMIXZ or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through GIMIXZ. You expressly agree that GIMIXZ shall not be responsible or liable for any loss of data, nor shall GIMIXZ be required to return any lost data, resulting from the suspension or deletion of user websites or websites, network or system outages, file corruption or any other reasons.
GIMIXZ urges you to maintain backup versions of your website’s content to guard against losses of any kind. You expressly agree that GIMIXZ shall not be liable for any conduct by users of GIMIXZ and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through GIMIXZ.
You expressly agree to indemnify and hold harmless GIMIXZ, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and its and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) arising from or in connection with your Information, your use of or connection to GIMIXZ, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.
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