The following terms of business apply to any or all of the services to be provided by Zignet Computing Pty Ltd:
Server refers to the
computer server equipment which is used to host Blaq.
Blaq Site means the area
on the Server allocated to you for use by you as a site on the Internet.
We specifically exclude any warranty as to the accuracy or
information received by any person via the Server and in no event will
we be liable for any loss or damage to any data stored on the Server.
You are responsible for maintaining insurance cover in respect of any
loss or damage to data stored on the Server. You warrant to us that you
will only use your assigned Blaq Site for lawful purposes. You further
warrant and undertake to us that you will not yourself, and will ensure
that none of your end users, make excessive or wasteful use of the
Server to our detriment or that of our other customers.
You warrant, undertake and agree that you will keep secure any
identification, password and other confidential information relating to
your account and you will notify us immediately of any known or
suspected unauthorised use of your account, or any known or suspected
breach of security, including loss, theft or unauthorised disclosure of
your password information. Notwithstanding such notification you will
be liable for any and all uses of your account (and Web site)
notwithstanding any fraudulent or improper use of your password or any
other access to any of the facilities we offer which is not
unauthorised use or access by us.
Whilst we shall use reasonable endeavours to ensure the
security of the Server, we do not guarantee that the Server will be
free from unauthorised users or hackers.
We shall use reasonable endeavours to provide continuing
of the Server and the Services but we shall not, in any event, be
liable for Service interruptions or down time of the Server.
You agree to indemnify and keep indemnified and hold us
and against any claim brought against us by a third party resulting
from the provision of Services by us to you and your use of the Server,
and in respect of all losses, costs, actions, proceedings, claims,
damages, expenses (including reasonable legal costs and expenses), or
liabilities, whatsoever suffered and howsoever incurred by us in
consequence of your breach or non-observance of these terms.
We may terminate this agreement if you fail to pay any sums due
to us as they fall due.
We may terminate this agreement upon written notice if you
of these terms of service and you fail to correct the breach within
thirty (30) days following written notice from us specifying the breach.
On termination of this agreement we shall be entitled
immediately to block your access to Blaq and to remove all your data application data.
Any verbal or written abuse directed towards a Zignet partner, employee, or account holder will be grounds for immediate account termination.
Zignet does not claim any intellectual property rights over the content you put into the Service.
You may cancel your account at any time by emailing [email protected] All your account data will then be deleted.
All charges payable by you to us for the Services shall be in
accordance with the relevant scale of charges and rates published from
time to time by us on our Web site and shall be due and payable within
thirty (30) days of receipt of our invoice.
The provision by us of the Services is contingent upon our
received payment in full from you in respect of the relevant Services.
Without prejudice to our other rights and remedies under this
agreement, if any sum payable is not paid on or before the due date, we
reserve the right to suspend the provision of Services to you.
Exclusion and Limitation of
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL
AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET
FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR
IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A
COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS
OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND
YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Our total aggregate liability to you for any claim in contract,
negligence or otherwise arising out of or in connection with the
provision of the Services shall be limited to the charges paid by you
in respect of the Services which are the subject of any such claim and
provided that you notify us of any such claim within one year of it
In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
In the event that this agreement constitutes a supply of goods or
services to a consumer as defined in the Trade Practices Act 1974 (Cth)
or any other national, State or Territory legislation (the Acts)
nothing contained in this agreement excludes, restricts or modifies any
condition, warranty or other obligation in relation to this agreement
and the goods and you where to do so is unlawful. To the full extent
permitted by law, where the benefit of any such condition, warranty or
other obligation is conferred upon you pursuant to any of the Acts, our
sole liability for breach of any such condition, warranty or other
obligation, including any consequential loss which you may sustain or
incur, shall be limited (except as otherwise specifically set forth
in relation to goods
the replacement of the goods or the supply of equivalent goods
or payment of the cost of replacing the goods or acquiring equivalent
the repair of the goods or payment of the cost of having the
in relation to services
the supplying of the services again; or
the payment of the cost of having the services supplied again
Except where expressly provided otherwise, any notice to be given by
either party to the other may be sent by either e-mail, fax, post or
courier to the address of the other party as appearing in this
agreement or ancillary application forms or such other address as such
party may from time to time have communicated to the other in writing,
and if sent by e-mail shall unless the contrary is proved be deemed to
be received on the day it was sent or if sent by fax shall be deemed to
be served on receipt of an error free transmission report, or if sent
by post or courier shall be deemed to be served two days following the
date of posting.
If any clause of these terms and conditions is held to be invalid or
unenforceable in whole or in part, the invalid or unenforceable wording
shall be deemed to be omitted.
The benefit of this agreement may be assigned by us, but not our
obligations to you - to do that, you agree that we may give notice to
you in writing, and your failure to respond will be deemed acceptance.
You may transfer this agreement provided that you give us notice in the
form we require (setting out the details of the assignee) accompanied
by payment of any transfer fee specified by us. No other method of
transfer by you is permitted.
Change to Terms on Renewal
We may change the terms and conditions of this Agreement on renewal or
assignment/transfer, by notice in writing to you (or the
assignee/transferee, as the case may be).
These terms and conditions constitute the entire agreement between
Zignet Computing Pty Ltd and you, and supersede all prior agreements,
understandings and representations whether oral or written. No oral
explanation or oral information given by any party shall alter the
interpretation of these terms and conditions. Except as provided above,
no variation may be made to the contract unless it is in writing and
signed by authorised representatives of you and Zignet Computing Pty Ltd.
Entire Agreement, Governing Law
This agreement shall be governed by the laws in force in the state of
New South Wales. Both parties hereby submit to the exclusive
jurisdiction of the Courts of that State.
blaq will save you time. With blaq you will be ahead of your competitors.
We value our reputation for excellent support, and as our customers will attest, we go the extra mile.
Blaq enables you and your staff to stay in control of the workflow within your company.