Legal Details

Terms & Conditions.
Privacy Policy. Addendum.

Terms & Conditions…

Introduction
At iQmedia, we seek to be straightforward and forthright with our customers to avoid confusion about the respective obligations that apply. This document sets out the terms and conditions upon which the Seller agrees to supply you, the Customer, products/services. The specific products/services the Seller has agreed to supply to you are specified in your invoice. If you have any questions about this document please contact us or if you deem necessary – obtain legal advice.

Definitions
In this document:

“Agreement” means the agreement created between you and the Seller by this document and your invoice;

“Seller” means iQmedia with which you have entered a Service Agreement with;

“Confidential Information” means information that is or has been disclosed by one party to the other, but does not include any information that is:

(a) on receipt, in the public domain, or that subsequently enters the public domain without any breach of this Agreement;

(b) on receipt, already known by the party receiving it;

(d) required by law to be disclosed;

“Customer”, “Client” or “You” means the customer identified on the invoice;

“Intellectual Property” means copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual proprietary right or form of intellectual property;

“Parties” means you and the Seller;

“Party” means either you or the Seller as the context dictates; and

“Products/Services” means the products/services the Seller has agreed to supply to you, as specified on your invoice.

Scope

1. This Agreement applies to all transactions between you and the Seller, including all quotations, offers, orders and sales. This Agreement (which will only be waived or varied in writing signed by the Seller) will prevail over all other terms and conditions of all and any such transactions to the extent of any inconsistency.

2. The Seller will use its best endeavours to provide the Products/Services by any dates specified in any brochures or other documentation that may be produced by the Seller from time to time. Delivery of Products/Services is not subject to any product/service level guarantee.

3. From time to time, circumstances beyond the reasonable control of the Seller may result in the delay of delivery, or the temporary suspension, disconnection or non-supply of the Products/Services. In those circumstances the Seller will use its best endeavours to rectify any such problems; however any such circumstances will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate our Agreement.

4. Should circumstances beyond the control of the Seller prevent or hinder delivery of the Products/Services, the Seller will be free from any obligation to deliver the Products/Services while such circumstances continue. For as long as such circumstances exist, the Seller may, at its option, cancel, rescind or terminate all or any part of the Agreement or keep the Agreement on foot until such circumstances have ceased. Such circumstances beyond the control of the Seller include, but are not limited to: illness, injury, strikes, lockouts, rebellions; fire; acts of God; shortages of raw materials; Government decrees, proclamations or orders; transport difficulties; denial-of-service (DOS) attacks and other circumstances of hacking, and failures or malfunctions of computers or other information technology systems.

5. Upon payment by the Customer, the Customer will be deemed to have acknowledged and accepted entirely the Seller’s Service Agreement including Terms & Conditions, Privacy Policy, Disclaimer and Copyright details contained herein.

Payment

6. The fees charged by the Seller for any Products/Services are set out in your invoice and are non-refundable.

7. The Seller accepts payments for Products/Services directly via PayPal, Stripe, Bank Transfer and Cash Payments only.

8. Customers are required to pay the Seller a $150 administration fee plus interest, on any amount due and not paid within the time required by this Agreement at the rate of 10% per annum.

9. Unless and to the extent an alternative finance arrangement or other payment plan is specified on your invoice, as our Customer, you must pay:

(a) the total amount specified on your invoice to the Seller upon entering this Agreement; or

(b) where the total amount specified on your invoice is $2,000 or more, an initial payment of 50% shall be payable upon entering this Agreement, and the balance payable within 10 days of the invoice date.

10. The Seller charges, in addition to the above fees, recurring fees payable in respect of optional services. All such fees shall be payable in advance by the Customer at the frequency set by the Seller.

11. From time to time the Seller may consider it commercially desirable to increase their fees. In such circumstances the Seller shall provide the Customer with 30 days notice of any such increase. The Customer may terminate the services to which those fees are directly attributable, in the event the Customer does not approve any such increase.

12. All applicable taxes, duties or levies (including GST), payment gateway charges/online merchant fees and associated bank charges, domain name registration and renewal fees, hosting services and SSL certificate fees related to the services shall be payable by the Customer.

Termination

13. The Customer may terminate any recurring services upon providing the Seller with 30 days prior written notice.

14. The Seller may, at its option and without prejudice to any of its rights, either suspend any service, require payment in advance or terminate this Agreement or any other contract by written notice to the Customer where the Seller reasonably suspects the Customer to be in breach of any law, or where the Customer:

(a) defaults on any payment due under this Agreement;

(b) fails to rectify any breach of this Agreement within 30 days of notice;

(d) being a corporation, is subject to:

(i) a petition being presented, an order being made or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved;

(ii) a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Customer’s property and undertaking;

(iii) the entering of a scheme of arrangement (other than for the purpose of restructuring); or

(iv) any assignment for the benefit of creditors.

15. Termination shall not relieve either party from any liability that has accrued on or before the date of termination.

Advice and Information

16. The Customer must make its own enquiries into the suitability of the services to meet the Customer’s specific requirements. The Seller does not guarantee any Customers’ success or that any particular results will be achieved in connection with the services provided by the Seller hereunder. Without limiting the foregoing, there is no guarantee that search engine optimisation services will produce any specific result.

17. Any advice, recommendation, information, assistance or services given by the Seller is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and the Seller does not accept any liability or responsibility for any loss suffered from the Customer’s reliance on such advice, recommendation, information, assistance or service, to the extent available by law.

Confidentiality

18. The parties recognise and acknowledge the confidential nature of the Confidential Information.

19. Neither party may use or disclose any Confidential Information other than:

(a) to its employees to the extent necessary;

(b) with the express prior written consent of the other party; and

20. Each party agrees to implement such security arrangements as may be necessary to ensure that the secrecy of the Confidential Information is preserved.

Artificial Intelligence (AI) and/or Automation Software

21.1 Use of AI Tools: Both iQmedia and the Client acknowledge that Artificial Intelligence (AI) tools may be utilised in the provision or reception of services under this Agreement. Such use shall be conducted responsibly and in accordance with all applicable laws and ethical guidelines.

21.2 Data Privacy and Security with AI: When AI tools process data related to this Agreement, both parties commit to upholding strict data privacy and security standards. Confidential Information, as defined in Section 2, shall remain protected regardless of AI involvement. iQmedia shall implement reasonable measures to ensure that AI processing of Client data maintains confidentiality and integrity.

21.3 Intellectual Property Generated by AI: Any Intellectual Property (IP), including but not limited to copyrights, patents, designs, and trademarks, generated through the use of AI tools by iQmedia in the course of providing services shall be owned by iQmedia, unless otherwise explicitly agreed upon in writing. The Client shall own the IP of any content or data provided by the Client and used with AI tools.

21.4 AI Accuracy and Limitations: iQmedia will use commercially reasonable efforts to ensure the accuracy and reliability of outputs generated by AI tools used in its services. However, the Client acknowledges that AI technologies may have inherent limitations and that iQmedia does not guarantee the absolute accuracy, completeness, or error-free nature of AI-generated content or analysis. The Client agrees to review and verify AI-generated outputs as necessary for their specific use.

21.5 Compliance with AI Regulations: Both parties agree to comply with all existing and future laws, regulations, and industry standards pertaining to the use of Artificial Intelligence that may be applicable to their respective operations and the services provided herein.

21.6 Indemnification for Misuse of AI: The Client agrees to indemnify and hold harmless iQmedia from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from the Client's misuse of AI tools or AI-generated content provided by iQmedia, or the Client's failure to comply with applicable AI laws and regulations.

Automation Software

22.1 Use of Automation Software: iQmedia may, at its discretion, utilise automation software, including but not limited to robotic process automation (RPA), scripts, and other automated systems, to enhance the efficiency, consistency, and delivery of the services provided under this Agreement.

22.2 Client Responsibilities with Automation: Where Client interaction or input is required for the effective functioning of iQmedia's automated processes (e.g., providing data in a specific format, adhering to defined workflows), the Client agrees to cooperate in good faith to facilitate such processes. Delays or errors arising from the Client's failure to provide necessary input or adhere to specified formats for automation may impact service delivery timelines.

22.3 Data Integrity and Security: iQmedia will implement reasonable measures to ensure the integrity, security, and confidentiality of Client data processed by its automation software systems. All data handling through automation will comply with the data privacy and security provisions of this Agreement.

22.4 Maintenance and Updates: iQmedia will be responsible for the maintenance, updates, and troubleshooting of its automation software systems used to deliver the services.

22.5 Limitations of Automation: The Client acknowledges that while automation enhances efficiency, certain tasks may still require human intervention. iQmedia will exercise its judgment to determine when manual oversight or intervention is necessary to ensure the quality and accuracy of the services.

22.6 No Exclusive Reliance: The Client acknowledges that iQmedia's ability to provide services is not exclusively reliant on automation, and iQmedia reserves the right to adjust its mix of manual and automated processes as it deems appropriate for service delivery.

Intellectual Property Rights

23. The Seller (or its licensors) is the sole owner of all rights (including Intellectual Property rights) in any software or other works being the subject of the services supplied under this Agreement.

24. The Seller licenses the Customer, in exchange for the fees payable by the Customer under this Agreement, on a limited, revocable, non-exclusive, temporary basis, to access the Seller’s Intellectual Property (and any software expressly licensed in writing to the Customer by the Seller) solely for the purpose of receiving the services solely via the computer servers of the Seller, during this Agreement.

25. The Customer must not, nor may it permit any other person to:

(a) copy, alter, modify, reproduce, reverse assemble, reverse compile or enhance the services or any related Intellectual Property;

(b) use, access or reproduce the services on or via any server not owned by the Seller;

(c) alter, remove or tamper with any trademarks, any patent or copyright notices, or any confidentiality, proprietary or trade secret, legend or notice, or any numbers, or other means of identification used on or in relation to the services;

(d) make any of the services available to any person other than its employees without the prior written consent of the Seller; or

(e) do any act that would or might invalidate or be inconsistent with the Seller’s Intellectual Property rights.

26. Notwithstanding the foregoing provisions, images resupplied by the Seller for publication on the Customer’s website do not constitute “graphical design work” and cannot be reassigned, transferred or sublicensed to any third party, due to restrictions imposed by the Seller’s image licensors. The Customer must adhere to all such restrictions.

27. The Customer shall indemnify the Seller against any claim by any third party for alleged infringement of any copyright or other Intellectual Property rights which arises as a result of the storage or processing of any of the Customer’s programs or data on the Seller’s systems and/or the provision of any information, materials or other assets of the Customer to the Seller.

28. Any data collected and transmitted on any website of the Customer in connection with the services shall be the sole risk and responsibility of the Customer. Without limiting the foregoing, the Customer is responsible for all backups, archiving and effecting insurance cover in respect of all such data. The Seller does not accept any responsibility for any loss of such data, or for the security of any such data.

E-Security

29. The Seller will use reasonable endeavours to ensure the integrity and security of the computer servers utilised by the Seller in connection with the provision of the services. The Seller does not guarantee that any such computer servers shall be free from unauthorised use or hacking.

30. You must keep confidential and secure your passwords and other Confidential Information relating to your access to the services. You must notify us immediately of any known or suspected unauthorised use of the services, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password or other sensitive information. Notwithstanding such notification you will be liable for any and all uses of the services (and your website/s which are hosted by the Seller in connection with such services) notwithstanding any fraudulent or improper use of your password or any other access via your account to any of the facilities or services provided by the Seller.

Acceptable Use Policy

31. The services may not be used in any manner that is illegal, discriminatory, abusive, insulting, threatening, obscene, harassing, racist, or otherwise inappropriate and your commission, or authorising, aiding, abetting, encouraging or inciting any person to do or attempt to use the services in any such manner (including, but not limited to, by any one or more of the following acts) is strictly prohibited: -

(a) violation of all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited (including, but not limited to, laws relating to crimes such as theft and fraud, and laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy) and whether such violation is by way of the installation or distribution of "pirated” software or otherwise;

(b) unauthorised copying of copyrighted material including, but not limited to, digitisation and distribution of books or other copyrighted sources, copyrighted music or video and the installation of any copyrighted software for which you do not have an active license is strictly prohibited;

(c) exporting software, technical information, encryption software or technology, in violation of domestic export control laws, is strictly prohibited;

(d) introduction of malicious programs onto our web servers (e.g., Trojans, viruses, email bombs) is strictly prohibited;

(e) revealing your account password to others or allowing use of your membership account on our computer servers by others is strictly prohibited;

(f) using another person’s name, username or password or otherwise attempting to gain access to the membership account of any other person is strictly prohibited;

(g) using the services to actively engage in procuring or transmitting material that is in violation of sexual harassment or workplace relations laws is strictly prohibited;

(h) making fraudulent offers of goods or services is strictly prohibited;

(i) effecting security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(j) executing any form of network monitoring that will intercept data not intended for you is strictly prohibited;

(k) circumventing user authentication or security mechanism of any service, or our network or any member account of the Seller is strictly prohibited;

(l) using any program/script/command, sending messages of any kind, or imposing unreasonable load on our servers with the intent to interfere with, or disable, any persons' access to any service or website, via any means, locally or via the Internet, is strictly prohibited;

(m) sending unsolicited email messages in breach of the Spam Act 2003 is strictly prohibited;

(n) any form of harassment via email, or any other form of harassing or spam messaging, whether through language, frequency, or size of messages is strictly prohibited;

(o) unauthorised use, or forging, of email header information is strictly prohibited;

(p) solicitation of email for any email address, with the intent to harass or to collect replies is strictly prohibited;

(q) creating or forwarding "chain letters", "ponzi" or other "pyramid" schemes of any type is strictly prohibited; and

(r) use of the services in breach of any persons privacy (such as by way of identity theft or "phishing") is strictly prohibited.

Limitation of Liability

32. All warranties (including, without limitation, warranties and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law. Without limiting the foregoing, to the extent possible by law, the Seller specifically excludes any warranty as to the accuracy or quality of information received by any person via any computer server operated or maintained by the Seller in connection with the services, and the Seller shall not be liable for any loss or damage to any data stored on any such server.

33. If the Seller breaches any condition or warranty implied by law which cannot lawfully be excluded, to the extent permitted by law the liability of the Seller is limited, at its option, to:

33.1. in the case of services, the resupply of, or payment of the cost of resupplying, the service; and

33.2. in the case of products:

(a) the replacement of the products or the supply of equivalent products; or

(b) the repair of the products; or

(d) the payment of the cost of having the products repaired.

34. The Seller shall not have any liability or responsibility to the Customer for any loss, damage or injury whether arising in contract, tort, equity or otherwise which does not flow directly or naturally (i.e. in the ordinary course of things) from a breach of this Agreement including, in each case consequential loss of business or profits, loss of anticipated savings, loss of business opportunity, loss of data, or loss of goodwill or other loss. The Seller shall only be liable for losses (excluding loss of business or profits) which flow directly from a breach of this Agreement up to a maximum of the total fees and charges paid by the Customer to the Seller in the 1 month period prior to the latest breach, which shall be the total aggregate liability of the Seller where such liability is not otherwise excluded under this Agreement.

35. The Customer acknowledges that no representations were made prior to entering into this Agreement. The Customer agrees that, in entering into this Agreement, it did not rely on any representations (whether written or oral) of any kind or of any person, other than those expressly set out in this Agreement. The Customer shall have no remedy in respect of any representation (whether written or oral) made to it on which it relied in entering into this Agreement and the Seller shall have no liability otherwise than pursuant to the express terms of this Agreement. Without limiting the foregoing, the Customer acknowledges that the Seller has not made any representations that the services will achieve any particular purpose or objective.

36. The exclusions in clauses 30, 31, 32, and 33 shall apply to the fullest extent permissible by law, but the Seller does not exclude liability that may not be excluded by law.

Miscellaneous

37. Delay is not waiver. No failure or delay by either party in exercising any right, power or remedy under this Agreement, except as specifically provided in this Agreement, will operate as a waiver of any such right, power or remedy.

38. Survival of Agreement. Subject to any provision to the contrary, this Agreement shall endure to the benefit of and be binding upon the parties and their successors, trustees, permitted assigns or receivers but shall not endure to the benefit of any other persons.

39. Severability. If any provisions of this Agreement are held to be invalid or unenforceable, they are to that extent to be deemed omitted and the remaining provisions of this Agreement will remain in full force and effect.

40. Jurisdiction. The laws of Victoria and the Commonwealth of Australia shall govern this Agreement, and the parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

41. Entire Agreement. This Agreement (being this document and your invoice) constitutes the parties’ entire agreement concerning the subject matter hereof, and supersedes all previous communications, representations, understandings and agreements, whether verbal or written.

Information
iQmedia may use client information to provide its clients with information about new or upgraded services. iQmedia may also share client information with selected partners to provide clients with information about services that may be of interest to the client, or to enable the client to take advantage of special offers and partner programs.

Updates
If clients need or wish to update any of their information, including unsubscribing from any mail lists, clients can update all relevant details via email to iQmedia. It's especially important for clients to update contact details.

Security
iQmedia will protect the confidentiality of its client's information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of iQmedia, its partners, its employees and other members of iQmedia. To protect from loss, misuse, and alteration of information that is collected from clients, iQmedia has appropriate physical, electronic, and managerial security procedures in place. If you have any questions regarding our Privacy Policy, please send our team an email.

Disclosure
iQmedia will not otherwise disclose its client's personal and account information unless iQmedia has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of iQmedia, iQmedia clients, or others, or where iQmedia has a good faith belief that the law requires such disclosure.

iQmedia also will not, except for reasons stated below, disclose to any third party the contents of any electronic mail or other electronic communications that iQmedia stores or transmits for its clients. The circumstances under which iQmedia will disclose such electronic client communications are when:

It is necessary in order to provide service to the client; It is necessary to protect the legitimate interests of iQmedia and its clients; It is required to co-operate with interception orders, warrants, or other legal processes that iQmedia determines in its sole discretion to be valid and enforceable; and It is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by iQmedia and appear to pertain to the commission of unlawful conduct.

Contact
To find out more information, please send an email to: ai@iqmedia.com.au

Addendum…

Disclaimer
Every effort has been made to ensure that the information in this publication is accurate. However the author expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose. The author does not warrant or make any representations regarding the use or the results of the use of the information provided within the publication in terms of its correctness, accuracy, reliability, or otherwise.

No oral or written information or advice given by the author shall create a warranty or in any way increase the scope of this warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply.

Copyright
Under the National and International copyright laws, this publication may not be copied, in whole or in part, without the written consent of the copyright holder.

Go Back Home

Terms & Conditions.Privacy Policy. Addendum.

Terms & Conditions.
Privacy Policy. Addendum.