Terms of Use

Laws


This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.



Severability


This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.



Website Design & Support


You will receive two website design concepts, and a slight variation of each concept by email based on the design brief you submit. You can request a reasonable number of changes to the concepts until the design is to your satisfaction, approx 2-3 is normal.


All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images etc.


While you maintain full ownership of your content and design, some elements of the website designs remain the copyright of CloudGennie.


In the event of you terminating your contract, you will be able to take full possession of your design and content of your site; however elements of the CMS software will remain on CloudGennie servers and you may need to purchase licences to use the CMS (or elements of) on another server.


During the design process CloudGennie may purchase Shutterstock images for your site. The images can be used in the design of the website only. Images cannot be used for any other purpose.


If a logo has been purchased, this will need to be signed off before the website design is commenced.


Support, FAQs and manuals are available free of charge in each user account and on www.CloudGennie.com.au to assist customers update their websites.


CloudGennie is under no obligation to do any work on your website unless contracted to do so.


CloudGennie has a business hours help desk available by phone or email 9am-5pm AEST. This service is provided to direct you to information to solve a single problem.


Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. CloudGennie will monitor your usage and if CloudGennie anticipates that your website may require more bandwidth/disk space your allocation will be increased. Please see website for allocations and prices. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount.


Although CloudGennie monitors the bandwidth/disk space usage of the website, CloudGennie does not take responsibility for any website going offline due to exceeding bandwidth or disk space.



CloudGennie does not allow any of the following content or websites to be stored on its servers:


Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.


Scripts – any script that creates a load on the server will be removed.


Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’or ‘how to’ information about such material.


Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of CloudGennie.


Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiasm.


Customers agree to a six (6) month contract, beginning upon the date CloudGennie has designed, built and handed over the website (i.e. the date when CloudGennie sends out the username and password).



Taxes


CloudGennie shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using CloudGennie’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.



Trademarks & Copyrights


The Customer warrants that it has the right to use the applicable trademarks, if any.



Disclaimer


CloudGennie and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if CloudGennie is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.


CloudGennie makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. CloudGennie also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.


Use of any information obtained by way of CloudGennie is at the Customer’s own risk, and CloudGennie specifically denies any responsibility for the accuracy or quality of information obtained through its services.


CloudGennie expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. CloudGennie specifically denies any responsibilities for any damages arising as a consequence of such unavailability.



Limited Liability


The Customer expressly agrees that use of CloudGennie websites and services is at the Customer’s sole risk. Neither CloudGennie, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the CloudGennie service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the CloudGennie servers, unless otherwise expressly stated in this agreement.


Under no circumstances, including negligence, shall CloudGennie, its officers, agents or anyone else involved in creating, producing or distributing CloudGennie services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the CloudGennie website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to CloudGennie’s records, programs or services.



The Customer hereby acknowledges that this paragraph shall apply to all content on CloudGennie’s servers.


Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.



Lawful Purpose


The Customer may only use CloudGennie servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.



Indemnification


The Customer agrees that it shall defend, indemnify, save and hold CloudGennie harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against CloudGennie, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless CloudGennie against Liabilities arising out of: any injury to person or property caused by any products sold or otherwise distributed in connection with CloudGennie’s server any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party copyright infringement any defective product which the Customer sold on the CloudGennie Server