Terms and Conditions
1.0 PREAMBLE
1. This Customer Service Agreement is the Service Provision and/or Use of Service Agreement, hereafter referred to as the “Agreement”. It explains the terms of service, responsibilities, benefits, restrictions and liabilities you agree to by entering into a service arrangement with MY BUSINESS DNA, or by accessing or using services or information provided by MY BUSINESS DNA. As a user of MY BUSINESS DNA website(s) or as a user of any of the MY BUSINESS DNA Products and/or services, you agree to enter and be legally bound by this binding agreement.
2. The terms of this Customer Service Agreement constitute the entire and only agreement between you and MY BUSINESS DNA and supersede all prior or contemporaneous agreements, conduct, representations, warranties and understandings.
3. Where this Customer Service Agreement refers to “We”, “Our”, “Ours” or “Us” it is referring to MY BUSINESS DNA, our affiliates or any respective directors, officers, employees, agents, contributors, third party content providers or licensees involved in the provision of the service or product to you.
4. Where this Customer Service Agreement makes reference to “User”, “You”, “Your” and/or “Yourself” it is referring to any and all persons or entities who have engaged us or are using the services provided by MY BUSINESS DNA either via MY BUSINESS DNA website or accessing other MY BUSINESS DNA services and/or products provided to you.
5. Where you use MY BUSINESS DNA website this site or you purchase services on the authority of another (such as an employer or a partner) you enter this person or enterprise into this Agreement by virtue of that authority granted to you.
2.0 INTERPRETATION
1. Where the term “Work” is used, it refers only to the final, deliverable service or product, and not any preliminary work or sketches.
2. Where the term “Designer Tools” is used, it refers to the means and/or tools developed or utilised by MY BUSINESS DNA in performing the services supplied, including without limitation: pre-existing and newly developed software, Web authoring tools, type fonts, and application tools.
3. Legitimate meanings are not altered or invalidated by the headings provided in the Agreement, if you misunderstand any meaning or grammatical variants do not alter the intended meaning.
3.0 CHANGES TO THESE TERMS AND OUR POLICIES
1. We reserve the right to change or remove the terms of this Customer Service Agreement, including MY BUSINESS DNA policies at any time by posting changes online. MY BUSINESS DNAwill make reasonable efforts to inform you of any changes. If you continue using MY BUSINESS DNA services, it is construed that you have agree to all changes including those which you may have been unaware about.
4.0 ACCEPTANCE OF THESE TERMS
1. Your decision to use MY BUSINESS DNA website, any service or product of MY BUSINESS DNA or make commercial enquiry with MY BUSINESS DNA indicates your acceptance of the terms of this Agreement, whether seen or unseen, read or unread, understood or misunderstood as well as the policies mentioned in this Agreement.
2. You agree to observe and comply with any policies in place by a third party service provider you have accessed through MY BUSINESS DNA network.
3. You agree to the terms and conditions attached to packages and offer made through third party referral arrangements.
5.0 JURISDICTIONS AND LIMITATIONS NOTIFIED
1. Subject to any overriding conflict of laws, the terms of this agreement are governed by the laws of New South Wales.
2. Any provision of this agreement that is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. That will not invalidate the remaining terms nor nor affect the validity or enforceability of that provision in any other Jurisdiction.
6.0 LIABILITY IS LIMITED AND INDEMNITIES APPLY
1. The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded.
2. MY BUSINESS DNA does not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with MY BUSINESS DNA website, content or any products or services provided by MY BUSINESS DNA.
3. MY BUSINESS DNA will retain limited liability to you and the total liability (if any) for loss, damage or reliance shall be limited to re-supply, repair, replacement or supply of equivalent products, services or information.
4. You agree to indemnify MY BUSINESS DNA from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you as a direct or indirect consequence of using or attempting to use MY BUSINESS DNA information, products and/or services. We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within MY BUSINESS DNA site(s), or through use of MY BUSINESS DNA products or services.
5. The limitation and terms explained herein includes but is not restricted to loss or damage You might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by MY BUSINESS DNA including third party material and advertisements.
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing sites or servers maintained by other organisations through links on MY BUSINESS DNA site(s) or services. Links are provided for convenience only.MY BUSINESS DNA does not endorse linked sites nor their products and services and you access them at your own risk.
- The use of credit card or other financial information, failure to complete or delay in completing any transaction, or other loss or damage arising from any transaction made or attempted on your site(s), MY BUSINESS DNA website(s) or via MY BUSINESS DNA procedures.
- A result of a breach by MY BUSINESS DNA of Our Privacy Policy (other than a wilful breach).
- The loss of existing rankings or site URL benefits or structures. Please note that while efforts will be made to maintain search engine rankings and/or the continued functionality of external links, we cannot guarantee that either existing rankings or URL links will remain the same or equivalent.
- Delays to results. Improvements in website performance may take place quickly but typically require two months to be evidenced.
- Fluctuations in website search engine ranking performance of any type, regardless of the specific services you have employed MY BUSINESS DNA for. Changes to the algorithm used by search engine providers is beyond our control, and changes to penalty and other factors can result in loss of position to various degrees. At the time of implementation MY BUSINESS DNA exercise due care and professional awareness, however it is impossible to anticipate or control how third-party services will respond to strategies in the short term or in the longer-term.
- Competitor performances that are a result of our services. Unless specifically stated in a trade-restriction arrangement, MY BUSINESS DNA does not guarantee to withhold our services from competitors (even though on principle we are usually reluctant to do so). On request, usually
for additional fees, and for a limited time, we may provide exclusivity limitations to specified services, however the impacts of work already performed, or work performed after the agreement period ends may impact on competitor performances.
7.0 OPINIONS GIVEN AND VARIABILITY OF SUITABILITY
1. Opinions expressed by MY BUSINESS DNA representatives on or off site are at times those of relevant contributors. MY BUSINESS DNA does not necessarily share those opinions.
2. Where observations or commentary are offered, individual application and relevance may vary significantly dependent upon any particular individual’s circumstances. Where a customer requires professional advice on a particular area, MY BUSINESS DNA will assist in areas where our expertise may apply but do not accept responsibility for commentaries made beyond those required of MY BUSINESS DNA by law. MY BUSINESS DNA offers products, services and consultations over a broad range of businesses and topics, however, you are responsible for evaluation and acting upon any consultation received.
3. MY BUSINESS DNA makes no representations as to accurateness, suitability, accuracy, validity or completeness of any information and will not be liable for omissions, errors or delays in this information or any injuries, losses or damages arising from its use or display.
8.0 WARRANTIES AND EXCLUSION OF IMPLIED WARRANTIES
1. To the maximum extent permitted by law, MY BUSINESS DNA exclude all warranties that otherwise would be implied in any transactions for the supply by MY BUSINESS DNA of any of our website(s), information, products or services (including warranties of satisfactory quality, merchantability and fitness for purpose). All warranties and guarantees offered are expressly stated and limited to that clearly stated therein.
2. All warranties and guarantees are offered strictly to those services named within the text of the warranties and/or guarantee and under the terms and provisions stated. There is no implied extension of the warranties and guarantees of one service or product applying to another product or service.
9.0 MONITORING OF AND RESPONSES TO NON-COMPLIANCE
1. MY BUSINESS DNA reserves the right to monitor your compliance with this Agreement to determine whether your actions are a breach of any of these terms.
2. MY BUSINESS DNA reserve the right to act on any complaint received and will cooperate and assist fully with law enforcement agencies if required.
3. MY BUSINESS DNA will report breaches of this policy to appropriate law enforcement agencies where deemed appropriate.
4. MY BUSINESS DNA reserves the right to charge fees for problems caused by breaches of this Policy. These charges will be equal to any resulting cost incurred by MY BUSINESS DNA that are equitable and will be explained to you in writing. You will receive an invoice, with terms of 14 business days, payable via the payment methods as stated in the invoice.
10.0 CONTINUITY OF SERVICES, CONDITIONS AND PRODUCT AVAILABILITY
1. We do not warrant that We will continue to make Our site(s), services or products available. We reserve the right at any time to stop providing services, to impose or alter fees and/or use alternative products and or services. You should make sure You are aware of the price of any service before You purchase it.
2. We reserve the right at any time to alter information, products or services in such a way as to change the equipment needed by You to access or use the site or any part of it.
11.0 USE OF SUBSCRIPTION AND REGISTERED USER SERVICES
1. MY BUSINESS DNA may offer services not available to non-registered users. Any additional terms and conditions attached to the use of such service are in addition to these terms.
2. If You are a registered user or subscriber to the MY BUSINESS DNA web site or any of the MY BUSINESS DNA products or services, You acknowledge and agree that:
3. You are solely responsible for protection and confidentiality of any password or user ID that may be issued to or subscribed for by you from time to time (“Password”);
4. You will not reveal (or cause to be revealed through any act or omission) your password to any other person;
5. You will immediately notify MY BUSINESS DNA if your Password is lost or becomes known to any other person;
6. You are solely responsible for all access to and use of the MY BUSINESS DNA website via your password, whether such access or use is by you or any other person; and
7. Any information you provide to us for posting or inclusion in any of the MY BUSINESS DNA online forums, at any time, becomes the property of MY BUSINESS DNA.
8. Where a registered user or subscriber services is for one user only, you will not let any other person use your password or any registered user or subscriber services. MY BUSINESS DNA may cancel or discontinue your use of or access to any subscriber service without liability to refund any fees paid in advance for future services if you have breached any of these terms.
12.0 UNACCEPTABLE USE OF RESOURCES
You must not use, attempt to use, or allow use of MY BUSINESS DNA website, services, products or associated personnel (including staff, agents and contractors) in a way that:
1. Contravenes Commonwealth and/or State laws or is misleading, deceptive or promotes an illegal activity.
2. Supports a cause, industry, enterprise, individual or practice that is harmful to children, their healthy development or parental rights.
3. Causes unethical, obscene, defamatory, offensive or abusive material to be made known or available.
4. Contravenes, restricts, endangers the good name of or unfairly impedes MY BUSINESS DNA commercial well-being or reputation.
5. Uses servers or other resources such that MY BUSINESS DNA servers, network, or other resources are burdened in a way that other users or MY BUSINESS DNA services in general suffer unfairly. This includes any services described as ‘unlimited’.
6. Facilitates high output emailing; for these purposes MY BUSINESS DNA consider more than one hundred emails per hour per domain name to be high output emailing action.
7. Has a spamming effect. This includes messages that are indiscriminate, unsolicited, unwanted, inappropriate, commercial advertising en-masse, adversely impacting on a computer, network or other parties data, accessing anyone else’s system, empowering to third parties to do similar, or that seeks to hide or obscure you as the source of a message or action.
8. Exploits MY BUSINESS DNA Information Technology or services for the purpose of activities not directly and implicitly related to the operation of your website (e.g. downloading movies, excessive transfers etc.). All such uses are unacceptable.
9. Causes direct streaming/downloading of videos from your site. A third party dedicated provider such as Vimeo or similar may be used.
10. Impacts negatively upon MY BUSINESS DNA ability to operate.
13.0 ACCOUNTS AND FINANCIAL TRANSACTIONS
1. MY BUSINESS DNA accepts several methods of payment including PayPal, Direct Deposits and Direct Debits.
2. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by MY BUSINESS DNA on their scheduled due dates and any bank charges incurred as a result of lack of funds will be charged to you and you will be required to pay all such fee to MY BUSINESS DNA.
3. MY BUSINESS DNA reserve the right to commence billing from the commencement of services and in advance of delivery of any final Work.
4. If payment is defaulted or not received, you authorise MY BUSINESS DNA to debit any outstanding funds from your nominated account without need for notification at a future date.
5. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with MY BUSINESS DNA, You also affirm the same rights and undertakings explained in this policy to them.
6. MY BUSINESS DNA reserve the right to suspend or terminate any website, service or account, at our discretion, if payment is defaulted to avoid further liability and costs incurred.
7. MY BUSINESS DNA reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid to MY BUSINESS DNA by you.
8. MY BUSINESS DNA reserve the right to inform other providers of Internet, Information Technology or other credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
9. MY BUSINESS DNA endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan please contact MY BUSINESS DNA via accounts@mybusinessnda.com.au and do not ignore your obligations.
10. MY BUSINESS DNA will not allow any refunds in circumstances where events are outside of the control of MY BUSINESS DNA and are as a result of third party services such as but not limited to hosting, server issues, loss of data while transferring data, URL and/or link issues.
11. MY BUSINESS DNA reserve the right to issue pro-rata or full refunds, or equivalent credit notes, in appropriate circumstances, at its absolute and sole discretion. MY BUSINESS DNA may offer such actions only in circumstances required by law, or when determined for some reason to act beyond these requirements. You may have rights under law. Please retain proof of your agreement, e.g. your invoice, scope or quote if making enquiries regarding this.
14.0 REVISIONS, ADAPTATIONS AND VERSIONS
1. Where design, thematic, visual or any other undefined and/or non-objective matter is to be determined, MY BUSINESS DNA reserve the right to cease making revisions, adaptations or versions when MY BUSINESS DNA determine, at its discretion, that we have reasonably and sufficiently delivered our service and/or product.
2. Unless specifically stated in a scope document, product description, invoice or equivalent project/task defining agreement, the number of revisions you will be entitled to is one. Unless otherwise stated, a single revision will equate to 15 minutes of labour by the appropriate person on our team, as determined by MY BUSINESS DNA. Revisions or adaptations that are beyond or outside a project’s scope (or reasonable resource parameters as determined by MY BUSINESS DNA) may be billed to you at the current labour fee.
3. When you send MY BUSINESS DNA any feedback or suggestions about MY BUSINESS DNA website, other sites or businesses affiliated with MY BUSINESS DNA, You agree that MY BUSINESS DNA can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.
15.0 RESPONDING TO OFFERS
1. Any offer of service(s) or product(s) made is subject to your agreement to the offer within a timeframe of 14 days. MY BUSINESS DNA reserve the right to revise or withdraw any offer made that is not responded to in a reasonable amount of time.
16.0 RIGHTS AND LIMITATIONS PERTAINING TO WEBSITES AND FORUMS
1. MY BUSINESS DNA do not assume any obligation to monitor or censor materials of any site hosted by MY BUSINESS DNA.
2. MY BUSINESS DNA reserve the right to host moderated and unmoderated forums or other web pages to which site users can post materials (“Forums”). We are not responsible for materials posted to Forums by third parties, whether or not these Forums have been moderated by MY BUSINESS DNA; materials altered by MY BUSINESS DNA during the process of moderating the Forums; or MY BUSINESS DNA removal of, or failure to remove, all or any part of those materials.
3. These terms supplement other rights MY BUSINESS DNA may have, such as our rights in relation to contributors under a Contributor’s agreement or those cited elsewhere in the Agreement. By submitting a contribution to MY BUSINESS DNA for inclusion on site, you agree to be bound by any such Contributor’s agreement.
4. Subject to a separate written agreement, MY BUSINESS DNA may elect whether or not to make material available to others under a creative commons license. Typically, comments and forum postings will be available under a creative commons license (but this does not limit MY BUSINESS DNA rights to treat other materials in the same manner).
5. MY BUSINESS DNA may add information to any message originated via MY BUSINESS DNA website(s).
6. If MY BUSINESS DNA publish material submitted by any third party, the author of that content permits all other users to access, view, store or reproduce the material for their personal, non-commercial use.
7. If MY BUSINESS DNA publish material submitted by you or any other third party and the web page indicates that the content of that page is available for dealing under a creative commons license, others are also authorised to deal with the relevant content under the terms of that license.
8. If You submit material to MY BUSINESS DNA you grant, or warrant that the owner of such material has granted, to MY BUSINESS DNA and MY BUSINESS DNA affiliates, third party content providers and licensors a world-wide, non-exclusive, royalty free, perpetual, irrevocable, unrestricted and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part; use the names and images (if any) that you submit with any such material, including names and images identifying you as the author of the material; and exploit all proprietary rights (such as copyright, trademarks and service marks) in any such material, in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including promotion of Us or Our objectives).
9. If you submit material through the MY BUSINESS DNA website, you agree that you are giving consent to MY BUSINESS DNA and any person authorised by MY BUSINESS DNA doing any or all of the above despite all moral and similar rights you may have or later acquire in respect of any such material.
10. If you submit material through the MY BUSINESS DNAwebsite, at our request and expense, you will execute and deliver to MY BUSINESS DNA all such instruments and take such other actions as may be requested by MY BUSINESS DNA to obtain the benefit of and perfect this grant of license and consent.
11. If MY BUSINESS DNA publish material submitted by you for publishing, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.
12. If you submit material through MY BUSINESS DNA website for publication, you permit us, for any reason, to monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and edit, refuse to post or remove any material submitted by you or to you.
17.0 THIRD PARTY MATERIALS AND LINKS AND SERVICES
1. You acknowledge that third party materials appearing on the MY BUSINESS DNA website are not necessarily controlled or monitored by MY BUSINESS DNA and that the views expressed are not necessarily ours.
2. You acknowledge that outbound links to third party sites have materials that may change or be deleted from time to time. These are beyond our control, are not always monitored by MY BUSINESS DNA, nor necessarily express views that are synonymous with ours.
3. We do not make or infer any representations, opinions or recommendations about third party websites or parties that may be linked to our website other than those clearly stated within our policies and this Agreement.
4. MY BUSINESS DNA will not be liable or accept liability or responsibility of third party services which are beyond its control such as downtime on hosting server or domain servers ;
18.0 PERTAINING TO CONTENT YOU SUBMIT
1. Where you provide images or content for inclusion in the Work, you accept responsibility for obtaining any relevant releases or licenses required.
2. You agree to release, defend and hold MY BUSINESS DNA harmless from and against any claims, damages or liability arising from or related to the use of photographs you supply, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
3, Other than our rights to use images or information as explained elsewhere, the work created becomes your Intellectual property upon final payment of design and construction phases.
4. You agree and permit MY BUSINESS DNA to use the content produced to extract ideas and may produce similar and identical content provided and in accordance to the relevant legislation.
19.0 PERTAINING TO WORK OR WORK ELEMENTS PROVIDED BY MY BUSINESS DNA.
1. Images may be supplied directly by MY BUSINESS DNA or under license from a third party. You agree to inform MY BUSINESS DNA and seek legal release if you intend to use any such image supplied byMY BUSINESS DNA for a different purpose. If no release or fee is required you agree to inform MY BUSINESS DNA in writing to ensure your use of the image is not in breach of a third party copyright. No verbal communication will be accepted.
2. MY BUSINESS DNA may use/display screenshots or reproductions of the work created as a result of this Agreement and display locations including but not limited to, our online portfolio. This link may include a hyperlink to your website. This right to display includes a moral right to display work in the form that we created it or intended it to be prior to alterations by you.
3. Where work is displayed online or elsewhere, you and MY BUSINESS DNA agree that when asked, you must properly identify MY BUSINESS DNA as the creator of produced Work. You do not have a proactive duty to display our name together with work, but you may not mislead others that work was created by anyone other than MY BUSINESS DNA.
4. Where Work is changed significantly by you or others, you and MY BUSINESS DNA agree that when asked, you must properly identify that though MY BUSINESS DNA were the original creator of produced work, you or others have made changes. You do not have a proactive duty to explain this, but you may not seek to mislead others that the work originally created by MY BUSINESS DNA was not altered by others.
5. Ownership of preliminary work or sketches pertaining to design is retained by MY BUSINESS DNA.
6. MY BUSINESS DNA may incorporate certain Designer Tools into the Work. In the event Designer Tools are incorporated into the Work, we grant you a royalty-free, perpetual, worldwide, non-exclusive license to use the Designer Tools to the extent necessary to use the work. We retain all other rights in the Designer Tools.
20.0 OBLIGATIONS AND DISCLAIMER CONCERNING LEGAL COPY PROVIDED
1. Where MY BUSINESS DNA provide copy of its policy or terms such as, but not limited to Terms of Use, Terms of Sale or Privacy Policy, this should not be treated as legal advice. All legal documents provided are only to be used as a starting point and should be changed or replaced as directed by your relevant legal counsel.
2. You authorise MY BUSINESS DNA to provide and publish in the Work such copy, in the sample form, prior to vetting by you.
3. MY BUSINESS DNA does not accept any liability connected to the use of such copy and recommend the use of appropriate professional legal services to vet or tailor any copy provided so that your particular circumstances and needs are accommodated.
