TERMS OF SERVICE

OV International Services Pvt Ltd, is the owner, developer and distributor of the services associated with the building, management and hosting of web pages, including access to software which allows you the customer (“You“) to build and manage your (“Your“) website, and from time-to-time including additional features and upgrades and enhancements and such other services as agreed (“Services“).

Application and Variation of these Terms

These terms and conditions are the terms on which OV International will provide the Services to You. These terms constitute the agreement between You and Us (“the Agreement“) in its entirety and supersede any prior agreements between You and Us in respect of the Services. We may modify these terms and conditions, (including without limitation the pricing for any of the Services), or give You notice under this Agreement, by notice on our website and/or by email. Such modifications will take effect 7 days after such notice has been provided. By accepting these terms and conditions, You also agree to accept and be bound by any changes made by OV International Services Pvt Ltd under this clause.

Copyright

The copyright in all reports and associated website designs, text, graphics, the selection and arrangement thereof, and all software is owned or licensed by OV International Services Pvt Ltd. All of OV International Services Pvt Ltd’s rights in this regard are reserved. Copyright in the material contained on this website and in any report subsists under the Copyright Act 1968 (Cth) Australia and, through international treaties, under the laws of many other countries.

Provision of Services

OV International Services Pvt Ltd will use all reasonable efforts to provide You with the products and Services that are relevant to the Services purchased, as described on the OV International Services Pvt Ltd website.

Design Services

Design services sold by OV International Services Pvt Ltd are as detailed on the OV International Services Pvt Ltd website at the time of sale. This includes Website Design, Graphic Design, Business Starter Packages, Website Maintenance Packages, Flash Animation, Social Media Packages OV International Services Pvt Ltd promotions.

Domain Names

You agree to read and abide by the domain registration policies, available at: www.ovinternationalservices.com

You authorise OV International Services Pvt Ltd to communicate Your contact details to the relevant domain registry to be made available to the general public, upon request of the relevant domain registry.

OV International Services Pvt Ltd does not represent nor guarantee that You or OV International Services Pvt Ltd have rights to ownership of any domain name purchased. You should refrain from taking any action to register or renew a domain name prior to confirm of registration or renewal from OV International Services Pvt Ltd. OV International Services Pvt Ltd does not guarantee successful registration or renewal of a domain name.

Failure by You to pay any fee (including, but not limited to, any renewal fee) for any domain name by the stipulated due date may result in the domain name being deactivated or deleted by the relevant domain name registry. Under no circumstances will OV International Services Pvt Ltd refund any fees paid by You to OV International Services Pvt Ltd in relation to any domain name.

OV International Services Pvt Ltd reserves the right to deactivate or cancel a domain name the use of which is illegal, infringes the intellectual property rights or other legal rights of a third party, or is defamatory to or disparaging of a third party. You will indemnify and keep OV International Services Pvt Ltd fully indemnified in respect of any claim, loss, cost or damage suffered or incurred by OV International Services Pvt Ltd as consequence of Your use of a domain name.

Search Engine Marketing & Optimisation

OV International Services Pvt Ltd offers search engine marketing, search engine optimisation and Google Map optimisation Services (collectively, the “Search Services“). Search Engine Services sold by OV International Services Pvt Ltd are as detailed on the OV International Services Pvt Ltd(http://ovinternationalservices.com/) at the time of sale. This includes; Search Engine Optimization (SEO) packages, Search Engine Marketing (SEM) packages and Google Maps optimization packages. OV International Services Pvt Ltd, at their sole discretion, may use 3rd party suppliers to deliver all or any part of the Search Services.

Term

All Services (excluding Domain Names) For all Services (other than Domain Names, which are dealt with separately below), the initial term of this Agreement will commence on the date of activation of software products or the date the relevant services are first provided OV International Services Pvt Ltd (as applicable). After the conclusion of the initial term, the term shall automatically renew for a further term of the same period (eg a 1 month term will renew for a further 1 month). Unless notice is provided to OV International Services Pvt Ltd by You more than 10 working days prior to expiry of the initial or any subsequent term, this Agreement will automatically be extended by a further terms of the same period on OV International Services Pvt Ltd’s then current terms and conditions. Your failure to give a notice cancelling the Services prior to the commencement of this 10 working day period will constitute acceptance by You of the next renewal. OV International Services Pvt Ltd may cancel or elect not to renew the Services at any time by delivering to You a written notice of non-renewal at least 10 working days prior to the expiry of the initial term or any subsequent term.

Domain Names

2 years for a .au domain name; and 1 – 10 years for a .com, .net, .org, .biz or .info domain name; and The period of agreement for a subdomain. When You purchase a domain name from OV International Services Pvt Ltd You will be purchasing the use of the domain name for the specified term, unless otherwise agreed with OV International Services Pvt Ltd. Upon expiration of the initial term for the domain name license, the domain name license may be renewed for a further period equal to the period of the initial term.

It is Your sole responsibility to ensure that registration of a domain name is renewed when necessary and OV International Services Pvt Ltd takes no responsibility for losses or expenses arising out of any failure by You as the Licensee of any domain name to renew the registration of a domain name.

Payment

The applicable prices and charges for a particular product or Service are as stipulated in a quote provided to You by OV International Services Pvt Ltd or, if We have not provided a quote to You, as stipulated on the OV International Services Pvt Ltd website. All prices and charges published on the OV International Services Pvt Ltd website are inclusive of GST, unless otherwise stated. These prices and charges may include:a one off non-refundable set-up or design services fee, which requires payment upfront before the Services will commence; a monthly or annual reoccurring fee, payable in advance of the commencement of the relevant period; and other fees, prices and charges payable on a time, materials or usage basis, as applicable.

You are responsible for all prices and charges for Services and any other amounts (such as excess storage and bandwidth coverage) incurred by Yourself or Your authorized representative or as a result of any use of a product or Service, in accordance with the billing provisions specified in the payment confirmation.

OV International Services Pvt Ltd reserves the right to contact a credit reporting agency to obtain personal information about You for the purpose of validating an application for credit made by You to OV International Services Pvt Ltd.

In the event that OV International Services Pvt Ltd issues You an invoice in arrears for any service or product, You fail to pay for any Service or product by the set due date or You fail to pay any other amount owing under this clause, OV International Services Pvt Ltd reserves the right to, in addition to any other right: charge interest to You at an applicable rate until the relevant amount owing is paid; suspend or terminate any Services or products provided to You by OV International Services Pvt Ltd; and not renew or register any Services or products provided to You by OV International Services Pvt Ltd to a third party. Any suspension does not relieve You of Your obligation to make payments under this Agreement including circumstances where a credit card transaction declined. If this occurs an email will be sent to the primary email address that You have provided for us. Failure to provide us with changes to Your primary email address will not result in any extension.

You agree, in the event of default, to pay OV International Services Pvt Ltd our reasonable expenses, including legal and collection agency fees, incurred in enforcing our rights under this Agreement. Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by You. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, You must pay to OV International Services Pvt Ltd an additional amount equal to the applicable GST amount with that payment and OV International Services Pvt Ltd will provide You a GST tax invoice.

OV International Services Pvt Ltd deserves the right to sell any moneys owed by You to WebAlive under this agreement to a debt collector.

Warranties

Certain legislation (including the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic)) may imply terms, warranties or conditions that cannot be excluded, restricted or modified (“Statutory Warranties“). Subject to the Statutory Warranties and to any other warranties specifically given by OV International Services Pvt Ltd:

all conditions, warranties and other provisions which might otherwise have been implied into this Agreement or otherwise in relation to the Services, are excluded; and You acknowledge that all software (including that used to provide the Services) may have errors, and that it is therefore Your responsibility to monitor and verify the use of the Services.

Limitation of Liability

Where the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of OV International Services Pvt Ltd to You is limited, at the option of OV International Services Pvt Ltd, to: for a claim relating to goods liability is limited to the repair or replacement of the goods or payment of the cost of having the goods replaced or repaired; and for a claim relating to services liability is limited to the supplying the services again or payment of the cost of having the services supplied again. To the extent permitted by law, the liability of OV International Services Pvt Ltd to You or any other person, whether in contract, tort (including negligence), under statute or otherwise, arising out of or in any way relating to this Agreement: except as expressly stated in this Agreement, is excluded; where it cannot be excluded, is limited in total to the fees payable by You for the Services in the previous 12 months; and excludes liability for any indirect, secondary or consequential loss or damage or for loss of income, profits or anticipated savings or loss of opportunity. To the extent permitted by law, You indemnify and agree to keep OV International Services Pvt Ltd indemnified against any loss or claim arising out of Your use of the Services

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