Terms & Conditions

TERMS OF SERVICE (TOS)

Congratulations on choosing Prish Pty Ltd!

 

  1. Acceptance of Terms

This Terms of Service (TOS) agreement is between you (Client) and Prish Pty Ltd, a New South Wales limited liability company, and its legal successors and assigns.

By accepting this Terms of Service (TOS) electronically or in writing, and/or by using Prish Pty Ltd services, including but not limited to, submission of content to Prish Pty Ltd design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.

Prish Pty Ltd provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at Terms of Service. Failure to comply with the TOS may result in account termination. By using Prish Pty Ltd services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and Prish Pty Ltd is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.

Client’s acceptance of the TOS is binding upon all Prish Pty Ltd services including the purchase of additional services or additional websites or accounts at a later date.

 

  1. Description of Service

 

  1. Prish Pty Ltddesigns and hosts websites and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, flash, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services. Client understands that Prish Pty Ltd services may include certain communications from Prish Pty Ltd such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Prish Pty Ltd services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Prish Pty Ltd services.

 

  1. Prish Pty Ltdwill apply is trademark and copyright information in the lower right hand corner of all web based projects stating the site or portal is powered by, designed by or maintained by Prish Pty Ltd. Prish Pty Ltd may use this space to apply any keywords or content within a respectable manner they wish. If for any reason the client wishes to not have this present a fee will be assessed to have it removed. If it is ever removed without the prior consent of Prish Pty Ltd the client will then be liable for a minimum fee of $1000 but can be up to $10,000.00. This will be determined by the current value of the keywords and link/s that has been removed. If the client is maintaining a page rank of 4 or above and this page rank is a result of Prish Pty Ltd coding methods, SEO efforts, software or other proprietary assets the fee can exceed this amount but will be determined on a case by case basis.

 

  1. Agreeing to havePrish Pty Ltdor any other company affiliated with Prish Pty Ltd design, develop, create, build or modify any web based application that can be indexed in a search engine such as Google, Prish Pty Ltd may us a space of not less than 30 pixels x 10 pixels in the lower right hand corner or the web application for advertising, trademark, linking or any other purpose deemed appropriate for as long as the application remains within 80% intact of its original design or modification. To remove anything from this space is in direct violation of the terms of services you have agreed to when engaging in business arrangements with Prish Pty Ltd. To have any information removed from this area you must first seek authorization from Prish Pty Ltd and pay all fines or costs associated with this.

 

  1. Electronic Delivery Policy

 

Prish Pty Ltd is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Prish Pty Ltd any notices, agreements, disclosures, or other communications (Notices). Client agrees that Prish Pty Ltd may send electronic Notices in either of the following ways 1) To the email address provided to Prish Pty Ltd at the time of sale or 2) to the new email address account Client set up through Prish Pty Ltd. Client agrees to check the designated email addresses regularly for Notices. Notice from Prish Pty Ltd is effective when sent by Prish Pty Ltd, regardless of whether the Notice is read or received by Client. When the client signs the agreement for services along with any supporting documents you are also agreeing to all the terms outlined here.

 

  1. Privacy Policy

Personal data and certain other information about the Client are subject to Prish Pty Ltd Privacy Policy. For more information see the privacy policy at Privacy Policy. By using Prish Pty Ltd services Client also agrees to the most current version of Prish Pty Ltd Privacy Policy.

 

  1. Call Monitoring and Recording Privacy Statement

 

As part of Prish Pty Ltd commitment to providing the best possible service Prish Pty Ltd may monitor and record phone calls answered by Prish Pty Ltd and made by Prish Pty Ltd. Prish Pty Ltd may also archive recorded voice mail messages. Prish Pty Ltd records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Prish Pty Ltd to identify how Prish Pty Ltd can better serve its customers.

 

  1. Unacceptable Practices

As Prish Pty Ltd strives to offer the very best service, there are certain guidelines and policies that must govern Prish Pty Ltd efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of Prish Pty Ltd services. Such decisions are at the sole discretion of Prish Pty Ltd. Unacceptable practices include, but are not limited to:

 

Adult or pornographic material including, but not limited to, sexually explicit or suggestive material

Sexually oriented products or services (e.g. escort services), or other sexually oriented material

Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)

Lingerie websites

Offensive or otherwise distasteful material

Content or language that is harmful to minors in any way

Bulk emailing tools

Distribution of internet viruses or other harmful or destructive activities

Hacking and cracking

Scams or phishing for personal information

Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at Prish Pty Ltd discretion)

Gambling, gaming, lotteries, and like activities

Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language

Defamatory, hateful or revenge content or language.

Aids to pass drug tests or aids to pass lie detector tests.

Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties

MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products

Reverse Funnel Systems

Cash Gifting

Illegal drugs or drug paraphernalia

Prescription drugs and related content

Alcohol sales

Tobacco sales

Miracle cures

Fake documents

Fireworks, pyrotechnics, firearms, explosives or weapons.

Intentional or unintentional violations of any applicable local, state, national or international law.

Reselling of email accounts or hosting accounts to third parties.

Reselling of any Prish Pty Ltd services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement.

Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email

Links to other sites that are in violation of Prish Pty Ltd Web Design’s policies and guidelines

Other activities, whether lawful or unlawful, that Prish Pty Ltd deems to be in poor taste or that reflect adversely on Prish Pty Ltd or Prish Pty Ltd other clients

Prish Pty Ltd reserves the right to refuse to design or host an account at its sole discretion at anytime.

 

As a Prish Pty Ltd Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold Prish Pty Ltd harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Prish Pty Ltd retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. Prish Pty Ltd may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by Prish Pty Ltd for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)

 

As a Prish Pty Ltd Client you may have access to editing tools for your website. Client may edit, add or delete content to the website at anytime. With this understanding Prish Pty Ltd may or may not pre-screen content. Prish Pty Ltd shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by Prish Pty Ltd or not, including any reliance upon accuracy, usefulness or completeness. 

Client acknowledges that Prish Pty Ltd may access, preserve, and disclose Client’s account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Prish Pty Ltd and the public.

 

 

  1. Intellectual Property Policy


Prish Pty Ltd respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. Prish Pty Ltd may terminate accounts for copyright or trademark infringement, or for any other reason Prish Pty Ltd deems appropriate as it may relate to Client’s use of another’s intellectual property. If you believe your work has been copied and is accessible on a Prish Pty Ltd website please see Prish Pty Ltd Intellectual Property Policy at Privacy Policy.

 

Prish Pty Ltd will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to Prish Pty Ltd is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices).

 

Client content that is sent to Prish Pty Ltd will remain the intellectual property of the Client. Prish Pty Ltd does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. Prish Pty Ltd will attempt to honor requests to return original content; however, Prish Pty Ltd has no liability and does not guarantee the return of any content to Client.

 

Domain names purchased by Prish Pty Ltd and website designs, databases, stores, or programs created by Prish Pty Ltd are the property of Prish Pty Ltd until Client has paid all fees including one full year of monthly hosting. (See Domain Names Purchase/Hosting Agreement)

 

  1. International Use

Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the Australia, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the transborder transfer of personal data.

  1. Interstate Communications

Client acknowledges that by using Prish Pty Ltd services Client will be causing communications to be sent through Prish Pty Ltd computer networks, which may be located throughout the Australia. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Prish Pty Ltd services results in interstate data transmissions and may result in trans border transfer of personal data. Client hereby consents to the collection; processing and trans-border transfer of such personal information as Client may provide or make available to Prish Pty Ltd.

 

  1. Website Construction Procedure

With help and input from the Client, Prish Pty Ltd will develop the website. Client must submit content through the Online Design Packet (ODP) before work may begin on the development of the website. Client must electronically accept the TOS before access is granted to the ODP. After content is submitted by the Client the website is developed. Prior to the website being taken live the client will receive a missing information notification if content is incomplete. Client will then have two weeks to submit complete content. If complete content is not received the website will then be taken live “as-is”. If the website is taken live without all of the pages completed due to incomplete content those pages may be banked and developed in the future using Client’s design time.

In submitting content through the ODP, links to sample sites the Client likes are for general information purposes only and assist Prish Pty Ltd with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Prish Pty Ltd invoice and do not infringe upon the intellectual property rights of others.

The design and content layout are presented to the Client for approval. After the Client approves the website, the website will go live. The Prish Pty Ltd QC team may review the text before site goes live to correct any possible errors. Prish Pty Ltd will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email that the website is now live.

Client understands, agrees and acknowledges that Prish Pty Ltd does not guarantee a time frame for completion of ANY website. A website cannot be completed without submission of complete content, design approvals and participation from the Client. If Client continues submitting additional content throughout the development process, the completion time frame is increased. If Client does not submit complete content and Prish Pty Ltd is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.

Client is provided with a space holder immediately after sale. Upon request, Client is also provided with an optional welcome website shortly after the initial sale. The welcome website is a temporary website Client can modify and send customers to while the custom website is being built. Client may choose not to have a welcome website if so desired.

  1. Client Approval

Client is responsible for testing the functionality of the website upon Prish Pty Ltd request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc. Upon Client approval of the website to go live Client agrees services have been rendered and functionality of website has been tested and approved by Client.

The Client understands and agrees that if the Client does not respond within 5 business days to Prish Pty Ltd request for approval and notification that the website has been completed, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client, and the website will be taken live “as-is”.

The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Prish Pty Ltd notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.

In the event that Prish Pty Ltd completes all of the work per the original sale and database write ups, Prish Pty Ltd reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.

Prish Pty Ltd agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Prish Pty Ltd standard hourly rate. Prish Pty Ltd is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If Prish Pty Ltd does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

 

  1. Database/Programming

 

Prish Pty Ltd does not guarantee a time frame for completion of ANY custom database or custom programming completed by Prish Pty Ltd or an Prish Pty Ltd Partner. If database is completed by Prish Pty Ltd A custom “Database Specifications Summary” may be presented to the Client. Prish Pty Ltd agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Database Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and Prish Pty Ltd may proceed with development of the custom database as outlined. A Database Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.

 

If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at Prish Pty Ltd standard hourly rate. There is no guarantee that changes made by Prish Pty Ltd to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if canceled.

 

Client is responsible for testing the functionality of the website upon Prish Pty Ltd request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

 

Prish Pty Ltd will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests Prish Pty Ltd to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at Prish Pty Ltd standard data entry rates.

 

 

  1. E-commerce/Stores

 

Client will be provided with instructions to input products into the store. If Client requests Prish Pty Ltd to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at PWDS’s standard product-entry rates. Client is required to submit store content to Prish Pty Ltd via PWDS’s content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at PWDS’s standard hourly rate for requested changes. (See Database/Programming)

 

Client is responsible for testing the functionality of the e-commerce store upon Prish Pty Ltd’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. Prish Pty Ltd is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

 

  1. Enhancements to Website

Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, flash, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.

Some enhancements such as, but not limited to, flash, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and Prish Pty Ltd will proceed with the development as outlined. Once work has begun on enhancements purchased by the client there is No Refund if canceled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a client cancels an enhancement the original sale is not canceled.

 

  1. Expedited Services

While Prish Pty Ltd does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Prish Pty Ltd at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Prish Pty Ltd will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.

 

The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, completion of the Online Design Packet (ODP), acceptance of any project specification documents prepared by Prish Pty Ltd and Client’s timely cooperation with Prish Pty Ltd in any solicitation for information related to the website’s development.

 

If expedited service is offered to Client by Prish Pty Ltd, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the website, i.e. database, flash, e-commerce, design, and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Prish Pty Ltd guarantee the respective portion or portions of the website subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Prish Pty Ltd with requested information in a timely manner, Prish Pty Ltd reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Prish Pty Ltd for any and all other charges related to the website’s development.

 

  1. Additional Services

Client may purchase at an additional monthly cost additional services offered by Prish Pty Ltd. Additional monthly services may include, but are not limited to, the Web Traffic Director program (WTD), spam filters, and back-up software. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. Prish Pty Ltd will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be canceled with 30 days written notice.

 

  1. Email Accounts

Based on the hosting support package purchased, email accounts are also provided. Email accounts may be set up and used immediately upon Client’s purchase of website. Client does not need to wait until custom website is live to use email accounts. To begin using email accounts Client should contact Technical Support at prishptyltd@gmail.com

 

  1. Technical Support

 

Prish Pty Ltd technical support department should be contacted at prishptyltd@gmail.com for any concerns with Client email accounts or any problems with hosting or functionality of the website after the website is live. Prish Pty Ltd provides technical support for email and down time issues that are caused by Prish Pty Ltd. Tech support is available for a fee per occurrence and at an hourly rate for all other technical support issues. Client agrees to pay for technical support services requested by Client at Prish Pty Ltd hourly rate and that Prish Pty Ltd may charge Client’s account for such technical support fees.

If Client uses Prish Pty Ltd technical support services, including but not limited to screen share sessions, Client acknowledges and understands that Prish Pty Ltd does not warranty that technical support services will meet Client’s requirements or be error free. (See Disclaimer of Warranties and Limitation of Liabilities.)

 

  1. Customer Service

 

Prish Pty Ltd Web Design strives to offer the best service available. Customer service complaints or concerns should be emailed to prishptyltd@gmail.com

 

  1. Use and Storage

 

Client acknowledges that Prish Pty Ltd may establish general guidelines and limits concerning use of Prish Pty Ltd services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Prish Pty Ltd servers on Client’s behalf. , Client acknowledges that Prish Pty Ltd is not responsible for backing up Client’s website and data. Client should seek appropriate backup solutions. Changes made by Client using the editing tool or by Prish Pty Ltd may be lost if data loss occurs after a scheduled backup by Prish Pty Ltd.

 

  1. Server Security Practices

Prish Pty Ltd utilizes security practices that comply with standards set by the Payment Card Industry (PCI) in maintaining its servers. Prish Pty Ltd will not modify its shared-hosting server settings and configurations to Client’s individual preferences. Prish Pty Ltd routinely scans its servers to ensure compliance with good security practices. Unauthorized security scanning and penetration testing of shared-hosting servers by the Client is strictly prohibited.

 

Prish Pty Ltd at its sole discretion may allow or perform server administration and or customization to client accounts that are hosted on a virtual private server (VPS) or a private server. Such server customization and administration is subject to Prish Pty Ltd standard hourly rates and Client agrees to pay for any and all such customizations requested.

 

If Client uses its website to collect, store, display, process or otherwise use sensitive or confidential information including but not limited to credit card information, social security numbers, credit or financial information, medical or health care related records, insurance records, sales records, personal information, etc, then Prish Pty Ltd at its sole discretion may require Client to utilize certain services to improve the security of Client’s website. Such services may include security certificates, hosting Client’s site on a Virtual Private Server (VPS) or on a private server, and using programming that encrypts the sensitive or confidential information used by Client’s website. Client understands and acknowledges that there may be costs associated with these services and agrees to pay for said services if use by Client. Prish Pty Ltd reserves the right to terminate Client accounts that refuse to meet Prish Pty Ltd security requirements for Client’s website.

 

  1. Design Time/Service Contract

 

Client may wish to make changes or updates to the live website that Prish Pty Ltd is hosting. Most changes can be made using Prish Pty Ltd online editors. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client’s website. If Client desires for Prish Pty Ltd to make changes to website, design time may be purchased at an hourly rate or in blocks of design time as a Design Service Contract.

 

Prish Pty Ltd is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by Prish Pty Ltd to repair changes made by Client will be billed to Client at Prish Pty Ltd standard hourly rate or Prish Pty Ltd may utilize design time that has been purchased by the Client.

Flash updates and PHP updates are considered enhancements or additional services purchased, and are not design updates to the website. The appropriate fee will be charged for the purchase of each enhancement. Design Service Contract time may not be used for Flash updates or PHP updates purchased by the Client. Flash and PHP Service Contracts may also be available for purchase.

  1. Monthly Hosting Agreement

Monthly hosting is billed 60 days from the date of sale and is recurrently billed every 30 days thereafter. Monthly hosting is billed from the date of sale, regardless of the date the website goes live, because hosting costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. In addition, email accounts and support are available from the date of sale and are paid for with monthly hosting fees. Client agrees to a one year hosting agreement with Prish Pty Ltd.

 

  1. Domain Names

Domain names purchased by Prish Pty Ltd and website designs, databases, stores, or programs created by Prish Pty Ltd are the property of Prish Pty Ltd until Client has paid all fees including one full year of monthly hosting. At that time ownership of the site and its functionality, and domain name may be transferred to the Client’s control upon receipt of the Client’s written request. Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Clients may buy-out their one year hosting agreement by paying 12 months of hosting in advance if they wish to transfer the domain name and content to Client’s control prior to one year of paid monthly hosting. Prish Pty Ltd expressly reserves the right to retain one copy of any website designs, databases, stores, flash, programs, writings, or any other work created for Client for evidentiary purposes.

 

Upon transfer of domain and/or website to Client or another service provider, at anytime, Client agrees that Prish Pty Ltd has met in full its obligation to Client, and Prish Pty Ltd is released of all past and future obligations to the client. Additional work and/or hosting done for Client must be agreed to in writing and paid for by Client. Prish Pty Ltd reserves the right to transfer domain name(s) to Client at anytime. Upon receipt of any legal action or intellectual property disputes Prish Pty Ltd may transfer domain name to Client. After transfer of domain name to Client for any reason, or upon Client request Client for transfer, Client is responsible for domain name renewal.

 

Domain names are purchased through a third party service. Prish Pty Ltd cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Prish Pty Ltd will assist the Client in selecting and purchasing an alternate domain name. Domain names already owned by the Client remain the property of the Client and renewal of the domain name is the Client’s responsibility. The renewal of any domain names transferred to or owned by the Client is the responsibility of the Client. Upon cancellation or termination of Client’s account, or upon Client’s failure to pay monthly hosting or fees due in full, Prish Pty Ltd will no longer renew any domain names associated with the account and Client assumes sole responsibility for their renewal. Client may purchase additional domain names through Prish Pty Ltd and will be billed for the domain name purchase and renewals accordingly. If Client ceases to pay monthly hosting or other fees due domain name ownership reverts back to Prish Pty Ltd. Prish Pty Ltd may allow domain name to expire, may renew domain name and remain the owner, or Prish Pty Ltd may sell the domain name at its’ sole discretion and for Prish Pty Ltd sole benefit.

 

  1. Marketing Representations

 

Prish Pty Ltd makes no representations as to the marketing of Client’s products, services or sales. Client’s obligation to pay fees due to Prish Pty Ltd are due at time of sale of website design and hosting services and are not contingent upon Client’s marketing of said website. Client is responsible for all marketing of Client’s website. Prish Pty Ltd is not responsible for marketing of Client’s website including search engine rankings.

 

  1. 90-Day Satisfaction Guarantee

Prish Pty Ltd Web Design provides a 90-day satisfaction guarantee. Prish Pty Ltd will continue to change and modify the Client’s website to Client’s liking, within 90 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 90 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client’s design time hours available based upon the monthly hosting package purchased by the Client. Changes to the website that exceed the design time hours will be billed to the Client at Prish Pty Ltd standard hourly rate over and above the initial design fee paid. Prish Pty Ltd does not guarantee that the website designed will be exactly what the client has envisioned. Prish Pty Ltd best effort will be given for the 90-day satisfaction guarantee but Prish Pty Ltd is not obligated to complete multiple redesigns or modifications. While Prish Pty Ltd may agree to make requested changes and to bill the Client’s design time or bill the Client directly, Prish Pty Ltd is not obligated to complete Client requests or changes outside of the 90-day satisfaction period. If Prish Pty Ltd does not agree to Client requests or changes, Client agrees and is still obligated to pay all fees incurred and due.

 

  1. Billing Policy

The initial design set-up fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the set-up fee only if agreed to in writing per the original invoice.) Monthly hosting is billed and due every month beginning 60 days from the date of the original sale. The Client hereby requests that Prish Pty Ltd renew and bill monthly hosting fees every 30 days thereafter, unless the Client cancels in writing after 12 months of monthly hosting fees have been paid.

 

Monthly hosting and additional services fees may be billed on the 1st or 15th of each month to coincide with Prish Pty Ltd billing cycles. The amount of the initial design set-up fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package selected by Client.

 

Prish Pty Ltd reserves the right to change prices at any time including monthly hosting amounts and hourly design fees.

 

Prish Pty Ltd accepts payment via wire transfer, check, credit card and EFT debit from Client’s bank account. Upon Client’s authorization of payment to Prish Pty Ltd via credit card, or EFT debit payment, Client thereby authorizes all recurring monthly hosting and/or additional services fees to be charged to the same method of payment, credit card or EFT account for future charges until such authorization is withdrawn by Client in writing.

 

The Client may change payment methods including credit card and EFT debit payments with 30 days notice. To change payment methods Client should contact Prish Pty Ltd billing department. Client should not email new billing information for security purposes.

 

Prish Pty Ltd reserves the right to hold Client, its principals and authorized representative(s) jointly and severally liable for any and all amounts owed.

 

  1. Billing Disputes

Prish Pty Ltd charges up to a $25.00 fee for returned checks. If Prish Pty Ltd does not receive payment in full when due, Prish Pty Ltd may, to the extent permitted by the law of the state of the billing address on file for Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. Prish Pty Ltd may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to Prish Pty Ltd for collecting from Client. Prish Pty Ltd does not agree to, and will not honor, any limiting notations made by a Client on a check.

If Client wishes to dispute a charge Client must first contact Prish Pty Ltd billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact Prish Pty Ltd, Client must send the request in writing to:

 

Attn: Billing Department, 

Prish Pty Ltd 

82 Holliday Avenue

Edmondson Park

New South Wales

2174

                             

 

Requests may be emailed to prishptyltd@gmail.com. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.

 

If Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client. In the event that Client initiates a credit card dispute, ceases paying hosting fees or other fees due, Prish Pty Ltd, at its sole discretion, may suspend work on the website until the billing dispute has been resolved.

 

  1. Termination / Cancellation of Services

 

Prish Pty Ltd, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Prish Pty Ltd believes Client has violated the TOS. Prish Pty Ltd may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to Prish Pty Ltd services under any provision of this TOS may be effected without prior notice and that Prish Pty Ltd may deactivate or delete Client’s account and all related information files. Client agrees that Prish Pty Ltd shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. Prish Pty Ltd may suspend or terminate accounts, and shut down website for accounts, that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to Prish Pty Ltd. Charges for monthly hosting will continue to incur for delinquent accounts until Client’s one year hosting obligation has been met even if account has been suspended or terminated. Prish Pty Ltd also reserves the right to discontinue the designing of Client’s website at any time, at Prish Pty Ltd sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Prish Pty Ltd.

 

If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by Prish Pty Ltd.

 

Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of Client’s hosting account does not constitute termination of the account. Client must notify Prish Pty Ltd in writing or via email to terminate the account services and avoid further monthly hosting charges. It is Client’s responsibility to secure confirmation from Prish Pty Ltd that the request for termination has been received and no further hosting fees will be billed.

Requests for cancellation of website hosting services or additional services should be sent to the following address:

 

Attn: Billing Department, 

Prish Pty Ltd 

82 Holliday Avenue

Edmondson Park

New South Wales

2174

                             

 

Requests may be emailed to prishptyltd@gmail.com. If Client chooses to send request by email, a copy of the request must also be sent by mail as confirmation.

 

  1. Cancellation Effective Date

 

Client may terminate hosting services with 30 days written notice, after one full year of paid hosting. The effective date of cancellation is to be 30 days from the date of Prish Pty Ltd receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and client agrees to pay.

 

If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Prish Pty Ltd to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be canceled.

 

  1. Cancellation Fee and Refund Policy

WEBSITE DESIGN/DEVELOPMENT – Refunds of the fees paid for development of the website may be issued on accounts canceled within 90 days of the initial sale and prior to the completion of the website according to the following schedule:

  1. A) A minimum of a 50% cancellation fee will be retained byPrish Pty Ltdon canceled accounts even if no work has been started and no content yet submitted by the Client.

 

  1. B) A minimum of a 75% cancellation fee will be retained byPrish Pty Ltdon canceled accounts if work has been presented to the Client; or Prish Pty Ltd has made multiple attempts to work with the Client, and Client has not responded to those attempts.

 

  1. C) A 100% cancellation fee will be retained byPrish Pty Ltdand NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Prish Pty Ltd. No Refund will be issued on any website canceled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.

 

  1. D) 100% cancellation fee will be retained and NO REFUND will be issued byPrish Pty Ltdif Client cancels after 90 days from the initial sale.

 

MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by Prish Pty Ltd on all canceled accounts even if no work has been started. The cancellation fee is charged to compensate Prish Pty Ltd for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.

 

ENHANCEMENT SALES – A 100% cancellation fee will be retained by Prish Pty Ltd and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, flash, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on canceled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by Prish Pty Ltd on all canceled enhancement purchases if canceled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by Prish Pty Ltd if client cancels after 90 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a client cancels an enhancement the original sale is not canceled.

MONTHLY HOSTING – Client agrees that there is NO REFUND of monthly hosting fees or monthly additional services fees incurred or paid by the Client prior to cancellation date.

Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay. (See Termination).

By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases Prish Pty Ltd, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Prish Pty Ltd its officers, owners, members, agents and employees.

 

  1. Account Transfer

 

Requests for transferring the ownership of a website or hosting account from Client to a new owner must be completed in writing by both the current account owner and the new designated owner. The transfer is not valid until a signed request is received by Prish Pty Ltd in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of Prish Pty Ltd TOS by the new owner.

 

  1. Prish Pty Ltd Web Design Proprietary Rights

 

Client acknowledges and agrees that Prish Pty Ltd services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Prish Pty Ltd services.

 

  1. Use of Client Information

Client hereby agrees that any information or ideas submitted to Prish Pty Ltd by any means may be used by Prish Pty Ltd without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to Prish Pty Ltd Privacy Policy.

 

Client herby gives permission to Prish Pty Ltd to use samples or links to Client’s custom website designed by Prish Pty Ltd for marketing and advertising purposes, including but not limited to, use in Prish Pty Ltd online portfolio.

 

  1. Third-Party Services

From time to time third parties may offer services or software to Prish Pty Ltd clients, clients may request the use of third-party services or software, or Prish Pty Ltd may suggest the use of third-party services or software to its clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. It is Client’s sole responsibility to ensure that the use of third-party services or software complies with third-party terms of use and licenses, these Terms of Service, and any and all applicable laws. Client assumes full responsibility for, and releases Prish Pty Ltd from, any and all liability associated with the use of third-party services or software. Prish Pty Ltd does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access Prish Pty Ltd services. Client also agrees that Prish Pty Ltd is under no obligation to provide Client with any enhancements, updates, or fixes to make Prish Pty Ltd services accessible through any third-party applications or services, including third party hosting services. Prish Pty Ltd is under no obligation whatsoever to provide support or service for websites hosted on third party servers or non-Prish Pty Ltd servers.

 

  1. Contract Service Providers

Prish Pty Ltd may contract with Contract Service Providers to complete a portion, or all of the Client’s custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Prish Pty Ltd employee directly for services. All payments for services rendered must be made directly to Prish Pty Ltd. Contract Service Providers are independent contractors and are required to follow company policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website and do not have access to Client’s personal information including payment information.

 

  1. Disclaimer of Warranties

 

CLIENT’S USE OF PRISH PTY LTD SERVICES IS AT CLIENT’S OWN RISK. PRISH PTY LTD SERVICES ARE PROVIDED “AS IS”. PRISH PTY LTD DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW 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 OF PROPRIETARY RIGHTS. Prish Pty Ltd DISCLAIMS ANY WARRANTIES REGARDING PRISH PTY LTD  SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. PRISH PTY LTD DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PRISH PTY LTD SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. PRISH PTY LTD DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. PRISH PTY LTD  DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH PRISH PTY LTD  SERVICES, OR LINKS PROVIDED BY PRISH PTY LTD  SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY PRISH PTY LTD  OR OBTAINED THROUGH LINKS PROVIDED THROUGH PRISH PTY LTD  SERVICES.

 

CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PRISH PTY LTD  SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.

 

  1. Limitation of Liability

 

CLIENT UNDERSTANDS AND AGREES THAT PRISH PTY LTD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PRISH PTY LTD  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE Prish Pty Ltd SERVICES, RELIANCE ON PRISH PTY LTD  SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PRISH PTY LTD  SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH PRISH PTY LTD  SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO Prish Pty Ltd SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO PRISH PTY LTD  SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.

Without limiting the foregoing, under no circumstance shall Prish Pty Ltd be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Prish Pty Ltd full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Prish Pty Ltd.

 

  1. Tort Claims and Other Claims

 

Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Prish Pty Ltd, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Prish Pty Ltd in Client’s individual capacity and not as a member of a class.

 

  1. Indemnification

Client agrees to defend, indemnify and hold harmless Prish Pty Ltd, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Prish Pty Ltd services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Prish Pty Ltd or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Prish Pty Ltd, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.

 

  1. Notice

Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.

Prish Pty Ltd 

82 Holliday Avenue

Edmondson Park

New South Wales

2174

Attn: Customer Service

  1. Contact Prish Pty Ltd Web Design

Client may contact Prish Pty Ltd at Prish Pty Ltd 

82 Holliday Avenue

Edmondson Park

New South Wales

2174

M-F from 8:30 – 6:00 AST

Client may also email Prish Pty Ltd at prishptyltd@gmail.com

 

   
  1. Negative Comments/Slander

Client specifically agrees not to engage in negative comments or slander regarding Prish Pty Ltd, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding Prish Pty Ltd in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition Prish Pty Ltd will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each Prish Pty Ltd to that website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, Prish Pty Ltd shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief. The prevailing party to that litigation shall be entitled to an award of attorney’s fees. Prish Pty Ltd reserves the right to terminate any account for any negative postings made by the account owner or it’s representatives, or employees.

 

  1. Severability; Waiver

 

In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Prish Pty Ltd to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.

 

  1. Jurisdiction

 

This agreement shall be governed exclusively by the laws of the State of New South Wales, Australia, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of New South Wales. The parties hereby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of New South Wales and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non convenience or otherwise.

 

  1. Arbitration

 

Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both Client and Prish Pty Ltd. If any court sitting outside the Australia determines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language, under the commercial arbitration rules of the International Chamber of Commerce, with the location of the arbitration to be in a neutral jurisdiction (not the country of residence of the Client or of Prish Pty Ltd) as selected by Prish Pty Ltd.

 

  1. Governance

 

Prish Pty Ltd may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

 

  1. Electronic Signatures

 

Selecting and submitting “accept” on the electronic copy of the TOS, submitting content through the ODP, making payment, or submitting information or documents to Prish Pty Ltd so that Prish Pty Ltd may perform services for the client, the same shall constitute an electronic signature as defined by Uniform Electronic Transactions Act

 

  1. Affiliated Companies , Name Change, Assignment of Servicing

 

Prish Pty Ltd reserves the right to subcontract services or assign the ongoing servicing and/or hosting of your account or this entire Agreement to another party at its sole discretion. This agreement shall not be affected by any change in the name of Prish Pty Ltd, it’s DBAs or any other affiliated companies, or any condition, merger or acquisition of Prish Pty Ltd, and shall be automatically assigned to any successor entity of Prish Pty Ltd, and shall continue in effect thereafter in accordance with its terms.

 

  1. Survival

The following provisions shall survive termination of this Agreement with no effective termination date: Sections 1, 7-9, 34-52.

  1. General Information

 

This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Prish Pty Ltd. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.

 

Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Prish Pty Ltd Web Design’s services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.