All goods and services delivered or provided by Impact Automotive Pty Ltd (Petrol Digital) to any customer (the Customer) are provided subject to the following conditions.<\/p>\n
1.\u00a0\u00a0\u00a0\u00a0 Petrol Digital provides the following services:<\/p>\n
1.1.\u00a0 The following services:<\/p>\n
1.1.1.\u00a0\u00a0\u00a0\u00a0 Website hosting;<\/p>\n
1.1.2.\u00a0\u00a0\u00a0\u00a0 Website Development;<\/p>\n
1.1.3.\u00a0\u00a0\u00a0\u00a0 Search Engine Optimisation support;<\/p>\n
1.1.4.\u00a0\u00a0\u00a0\u00a0 Social Media marketing on a pay per<\/p>\n
1.1.4.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Campaign (Social Media Campaign);<\/p>\n
1.1.4.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Click (PPC), or<\/p>\n
1.1.4.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Lead (PPL) basis; and<\/p>\n
1.1.5.\u00a0\u00a0\u00a0\u00a0 General Internet marketing consultancy (the Services)<\/p>\n
1.2.\u00a0 On the basis that all services are delivered on:<\/p>\n
1.2.1.\u00a0\u00a0\u00a0\u00a0 a wholly pre-paid basis;<\/p>\n
1.2.2.\u00a0\u00a0\u00a0\u00a0 with a\u00a0 fee that is based on professional skills and third party costs<\/p>\n
1.3.\u00a0 Any quote and\/or delivery estimate for the Services should be taken as indicative only.<\/p>\n
2.\u00a0\u00a0\u00a0\u00a0 In delivering Services, Petrol Digital shall:<\/p>\n
2.1.\u00a0 Ensure that all work performed is of a fit and proper standard undertaken with all due diligence, care and attention;<\/p>\n
2.2.\u00a0 Comply with the reasonable direction of the Customer at all times in respect of access to the Customer\u2019s site;<\/p>\n
2.3.\u00a0 Preserve the integrity and confidentiality of the Customer\u2019s data and other confidential information which may be disclosed to Petrol Digital;<\/p>\n
2.4.\u00a0 Ensure that all of its employees, agents and sub-contractors are legally obliged to preserve the integrity and confidentiality of the Customer\u2019s data and other confidential information which may be disclosed to Petrol Digital;<\/p>\n
2.5.\u00a0 Review all images and phrasing provided by the Client to avoid incorporating any that are not of a standard that in Petrol Digital\u2019s sole opinion to maximise the probability of a good outcome.<\/p>\n
3.\u00a0\u00a0\u00a0\u00a0 Times given for delivery or installation of the Services are stated in good faith but are not to be treated as a condition of the sale. Petrol Digital takes all care but no responsibility in regard to late installation and no claim may be made by the Customer on account of wrongly delivered Services or late delivery of Services however caused. Late delivery does not constitute a breach of this contract by Petrol Digital and the Customer will not be entitled to cancel the contract because of late delivery. When Petrol Digital receives an order it may estimate a delivery date or time, however, this is understood to be an indication only, and cannot be relied upon. Furthermore, any delay in delivery or installation shall not excuse or relieve the Customer from his obligation to accept or pay for the Services. Petrol Digital undertakes to promptly communicate with its Customers regarding any delays or additional professional efforts or third party costs (and thus fees) that will be required to deliver the Services to allow instructions to be given and, if required, more funds to be pre-paid to cover the cost of the Services.<\/p>\n
4.\u00a0\u00a0\u00a0\u00a0 The Customer shall:<\/p>\n
4.1.\u00a0 Promptly pre-pay:<\/p>\n
4.1.1.\u00a0\u00a0\u00a0\u00a0 For website hosting, search engine optimisation support, Social Media Campaigns, and general internet marketing consultancy services for the period of the service which for the avoidance of doubt will be a minimum of three months for a new Social Media Campaign.<\/p>\n
4.1.2.\u00a0\u00a0\u00a0\u00a0 For Web site development:<\/p>\n
4.1.2.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 50% of the quoted fee on initially briefing Petrol Digital;<\/p>\n
4.1.2.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 30% of the quoted fee on receiving a working prototype for testing and review; and<\/p>\n
4.1.2.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The balance of quoted fees and any fees for out of scope work before the web site is deployed for public access;<\/p>\n
4.1.3.\u00a0\u00a0\u00a0\u00a0 For PPC and PPL at least one month in advance;<\/p>\n
4.1.4.\u00a0\u00a0\u00a0\u00a0 In the event that a time sensitive result is required, the negotiated expedition fee.<\/p>\n
4.2.\u00a0 Grant Petrol Digital prompt access to:<\/p>\n
4.2.1.\u00a0\u00a0\u00a0\u00a0 management, executives and owners of the Customer as required to deliver the Services.<\/p>\n
4.2.2.\u00a0\u00a0\u00a0\u00a0 install tracking software on all their digital assets to allow better refinement of marketing.<\/p>\n
4.3.\u00a0 Acknowledge that Petrol Digital:<\/p>\n
4.3.1.\u00a0\u00a0\u00a0\u00a0 \u00a0makes no promise regarding conversion rates and has offered to introduce the Customer to an expert in conversion rate optimisation if the Customer needs assistance with that aspect of their marketing.<\/p>\n
4.3.2.\u00a0\u00a0\u00a0\u00a0 Cannot control changes to Facebook or other social media marketplaces and accordingly is not able to guarantee results but by using its professional skills aims to deliver an incremental improvement of results experienced.<\/p>\n
4.4.\u00a0 Upon receipt of the Services, test any functions created and provide feedback on any design and function testing undertaken within a timely manner and prior to deployment of any product generated by the Services created.<\/p>\n
4.5.\u00a0 Assert no claim over any intellectual property rights relating to the Services (IP Rights) until any outstanding amounts, including for the avoidance of doubt any costs incurred by Petrol Digital on behalf of the Customer, are paid.<\/p>\n
4.6.\u00a0 Do all things reasonably required by Petrol Digital to allow Petrol Digital to reclaim all IP rights<\/p>\n
4.6.1.\u00a0\u00a0\u00a0\u00a0 In the event that any payments are recovered pursuant to insolvency or bankruptcy actions; and<\/p>\n
4.6.2.\u00a0\u00a0\u00a0\u00a0 Pending satisfaction in full of all amounts owing to Petrol Digital<\/p>\n
4.7.\u00a0 The customer agrees to indemnify and hold Petrol Digital and any of its associates harmless from any claims resulting for the use of hosting services or material provided to Petrol Digital for use in delivering the Services, including claims relating to damage to the Customer or to any other party.<\/p>\n
4.8.\u00a0 In relation to web site hosting only:<\/p>\n
4.8.1.\u00a0\u00a0\u00a0\u00a0 Use of Servers<\/strong> 4.8.2.\u00a0\u00a0\u00a0\u00a0 Acceptable Content<\/strong> 4.8.3.\u00a0\u00a0\u00a0\u00a0 Use of Disk Space<\/strong> 4.8.4.\u00a0\u00a0\u00a0\u00a0 Resource-Intensive Programs<\/strong> 4.8.5.\u00a0\u00a0\u00a0\u00a0 Spam (Unsolicited Bulk Email)<\/strong> 4.8.6.\u00a0\u00a0\u00a0\u00a0 Technical Support<\/strong> 4.8.7.\u00a0\u00a0\u00a0\u00a0 Invoices and Payments<\/strong> 4.8.8.\u00a0\u00a0\u00a0\u00a0 Refusal of Service<\/strong> 5.\u00a0\u00a0\u00a0\u00a0 In the event that Petrol Digital deliver images, text software or other data or information as part of the Services, Petrol Digital warrants that:<\/p>\n 5.1.\u00a0 It has all rights in the materials supplied and that inclusion of such materials for publication upon the website will not infringe the intellectual property rights of any third party; and<\/p>\n 5.2.\u00a0 such materials are not unlawful.<\/p>\n 6.\u00a0\u00a0\u00a0\u00a0 In the event that the Customer or an agent of the Customer delivers images, text, software or other data or information for use in the Services, the Customer warrants that:<\/p>\n 6.1.\u00a0 They have all rights in the materials supplied and that inclusion of such materials for publication upon the website will not infringe the intellectual property rights of any third party;<\/p>\n 6.2.\u00a0 such materials are not unlawful;<\/p>\n 6.3.\u00a0 such materials are not offensive or defamatory; and<\/p>\n 6.4.\u00a0 to the extent that materials published on the website were in breach of the rights of any third party or offensive, defamatory or unlawful, the Customer shall indemnify Petrol Digital and keep it indemnified against any claim, costs, demand or liability arising out of such publication.<\/p>\n 7.\u00a0\u00a0\u00a0\u00a0 Copyright in all work prepared under this Agreement remains with Petrol Digital, unless otherwise agreed in writing, until the Customer has, to the satisfaction of Petrol Digital, paid all invoices and copyright in all work licensed by Petrol Digital for inclusion in any services is not transferred by this agreement.<\/p>\n 8.\u00a0\u00a0\u00a0 Unless compelled to do so by law, the parties must not divulge any information concerning the other party including but not limited to business transactions, trade secrets, intellectual property, prices, price structures, operations, dealings, finances or affairs of the other party and shall not use or attempt to use any such information in any manner except as provided for by this Agreement. This restraint shall survive the termination of this contract and applies to all information which has not entered the public domain.<\/p>\n 9.\u00a0\u00a0\u00a0\u00a0 If default is made in the payment of any moneys due and payable to Petrol Digital, the Customer agrees to pay to Petrol Digital in addition to any such money interest on the amount in default at a rate 3% above the rate for the time being prescribed under the Penalty Interest Rates Act 1983 computed from the date upon which those moneys became due and payable until the date on which they are paid in full, such sum not being a penalty, but a genuine predetermined estimate of damage in those circumstances. Payment will be credited first against interest accrued.<\/p>\n 10.\u00a0 In the event of default of the Customer\u2019s obligations under this agreement, the Customer irrevocably appoints Petrol Digital or it\u2019s agent as its attorney and authorises Petrol Digital or it\u2019s agent to disable the Website until such time as the default is rectified and for the avoidance of doubt, the Customer authorises Petrol Digital to insert such software devices as Petrol Digital, in it\u2019s sole judgement, determines are necessary to facilitate its rights under this clause.<\/p>\n 11.\u00a0 The Customer hereby grants a charge over itself to Petrol Digital securing any and all indebtedness under this Agreement. In the event of non-payment or default of payment of any amounts owed under this Agreement, the Customer authorises Petrol Digital to issue any and all recovery proceedings available to it by law including, but not limited to, lodging a charge over the Customer securing the amount of the indebtedness, and\/or issuing a statutory demand and winding up proceedings and the Customer acknowledges it shall be liable for Petrol Digital\u2019s recovery costs of the indebtedness. At any time following default of payment, the Customer acknowledges that Petrol Digital may at its sole discretion appoint a receiver or controller pursuant to the charge created pursuant to this agreement.<\/p>\n 12.\u00a0 In the event of any defect in the Services delivered pursuant to this Agreement, the liability of Petrol Digital shall be limited to the maximum extent permitted by law. To the maximum extent permitted by the applicable law, any conditions or warranties imposed or implied pursuant to Australia Consumer Law or another legislation in respect of which liability may not be excluded. Insofar as liability may not be excluded then to the maximum extent permitted by law, such liability is limited at the exclusive option of Petrol Digital to either:<\/p>\n 12.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 replacement of the Services; or<\/p>\n 12.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 correction of defects in the Services; or<\/p>\n 12.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the costs of having defects in the Services repaired.<\/p>\n 13.\u00a0 Under no circumstances shall Petrol Digital be liable for any direct or indirect or consequential loss or damage arising in any manner whatsoever out of the provision of the Services by the Customer or end user.<\/p>\n 14.\u00a0 Except as may otherwise be provided by law, Petrol Digital shall not be under any liability whether in contract, tort or otherwise for any injury, damage or loss, including consequential damage or loss whether to persons or property, arising out of this Agreement or the products supplied pursuant thereto including any defects therein or workmanship thereof.<\/p>\n 15.\u00a0 Any act of bankruptcy or insolvency on the part of the Customer shall be deemed a breach of this agreement.<\/p>\n 16.\u00a0 Alterations<\/strong> 17.\u00a0 No Merger<\/strong> 18.\u00a0 Waiver<\/strong> 19.\u00a0 Severance<\/strong> 20.\u00a0 Notices<\/strong> 20.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In writing, in English and signed by a person duly authorised by the sender; and<\/p>\n 20.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Hand delivered or sent by prepaid post to the recipients address for Notices specified in the Details, as varied by any notice given by the recipient to the sender<\/p>\n and is taken to be delivered:<\/p>\n 20.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If hand delivered, on delivery<\/p>\n 20.4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If sent by prepaid post, two business days after the date of posting<\/p>\n but if the delivery is not on a day which is not a Saturday, Sunday which banks are open in Melbourne (a Business Day) or is after 5:00pm on a Business Day, the Notice is taken to be received at 9:00 am on the next Business Day.<\/p>\n 21.\u00a0 Entire Agreement<\/strong> 22.\u00a0 Oral Communications<\/strong> 22.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 affect the meaning or interpretation of this agreement; or<\/p>\n 22.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 constitute any collateral document, warranty or understanding between the Parties.<\/p>\n 23.\u00a0 Governing Law And Jurisdiction<\/strong> 24.\u00a0 Enforcement Costs<\/strong> All goods and services delivered or provided by Impact Automotive Pty Ltd (Petrol Digital) to any customer (the Customer) are provided subject to the following conditions. 1.\u00a0\u00a0\u00a0\u00a0 Petrol Digital provides the following services: 1.1.\u00a0 The following services: 1.1.1.\u00a0\u00a0\u00a0\u00a0 Website hosting; 1.1.2.\u00a0\u00a0\u00a0\u00a0 Website Development; 1.1.3.\u00a0\u00a0\u00a0\u00a0 Search Engine Optimisation support; 1.1.4.\u00a0\u00a0\u00a0\u00a0 Social Media marketing on a pay […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"full-width-content","footnotes":""},"_links":{"self":[{"href":"https:\/\/petroldigital.com\/wp-json\/wp\/v2\/pages\/1642"}],"collection":[{"href":"https:\/\/petroldigital.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/petroldigital.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/petroldigital.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/petroldigital.com\/wp-json\/wp\/v2\/comments?post=1642"}],"version-history":[{"count":0,"href":"https:\/\/petroldigital.com\/wp-json\/wp\/v2\/pages\/1642\/revisions"}],"wp:attachment":[{"href":"https:\/\/petroldigital.com\/wp-json\/wp\/v2\/media?parent=1642"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nCustomers should not attempt to access the sites of other Customers, and should not attempt to hinder the operation of our servers in any way. We reserve the right to refuse or cancel service to any Customer. All passwords must be kept confidential. The Customer may not make any password available to the public or to groups of people. This includes POP, FTP and Telnet passwords. You may not allow the public or groups of people to access any of your POP, FTP or Telnet accounts in any manner as this presents an unacceptable security risk.<\/p>\n
\nThe Customer\u2019s site must not contain material, or contain any link to material, which is unlawful, pornographic, gambling-related, threatening, hateful, obscene or which encourages unlawful behaviour. This includes any site with depictions of nudity, as well as material relating to hacking or pirated software. Petrol Digital has sole discretion to determine whether a site\u2019s content is acceptable. Sites with unacceptable content will be removed from our servers.<\/p>\n
\nThe Customer may not resell or give away disk space to any third party without written permission from Petrol Digital. The Customer should set mail software to delete mail from the server once retrieved. This will speed up mail retrieval and will help avoid excess disk space requirements. It will also help to ensure that mail is not lost due to a mailbox being over quota.<\/p>\n
\nIf the Customer installs and runs a resource-intensive program on the servers there may be an additional monthly charge, or Petrol Digital may prohibit execution of the program.<\/p>\n
\nSpamming, or sending of unsolicited bulk email, from a Petrol Digital server is strictly prohibited. Additionally, the Customer agrees not to use an email address or domain name which is hosted by Petrol Digital to send unsolicited bulk email.<\/p>\n
\nPetrol Digital will provide unlimited technical support relating to the operation of the server and the use of the server\u2019s facilities at no additional cost. Please note though that Petrol Digital do not provide free support for problems with website code, or content, or databases, or designs and accordingly such requests for assistance will require that the Customer hold pre-paid credits for Petrol Digital\u2019s time and will be charged on an hour or part thereof basis.<\/p>\n
\nThe Customer agrees that if a hosting payment is overdue then the account(s) may be suspended and\/or removed from the Petrol Digital servers without notice. Any breach of Petrol Digital trading terms or overdue invoice payments will result in account suspension of Services.<\/p>\n
\nPetrol Digital reserves the right to refuse or cancel the Services at their sole discretion. If the Customer breaches any of the above terms and conditions, the Customer agrees that Petrol Digital is permitted to deactivate and\/or remove the account from the servers and charge at Petrol Digitals normal service rate for any services required to provide copies of the data before service was refused.<\/p>\nIntellectual Property and Confidentiality<\/h3>\n
Default Provisions<\/h3>\n
Administrative Provisions<\/h3>\n
\nThe parties agree that the terms of this Agreement may only be varied, modified or deleted by written agreement.<\/p>\n
\nThe rights and obligations of the parties under this agreement do not merge on completion of any transaction contemplated by this agreement.<\/p>\n
\nThe waiver by any part of a breach or default of any provision of this Agreement by the other party is not to be construed as a waiver of any succeeding breach of the same or other provisions. Any delay or omission on the part of either party to exercise or avail itself of any right, remedy or power hereunder does not operate as a waiver of any breach or default by the other party.<\/p>\n
\nIn the event of any of the clauses of sub-clauses of this Agreement being held to be invalid or ineffective by any court for any reason whatsoever the agreement shall be construed and shall be binding on the Parties as if the offending clause, sub-clause, or condition has been deleted from the Agreement altogether.<\/p>\n
\nA notice, demand, consent, approval or communication under the agreement must be<\/p>\n
\nThis agreement contains all the (written or oral) agreements, arrangements, negotiations, discussions and understanding of the Parties relating to the subject matter of this agreement.\u00a0 This agreement supersedes any prior (written or oral) agreement, arrangement, negotiation, discussion or understanding between the Parties.<\/p>\n
\nNo oral explanation or information provided by a Party to the other Party is to:<\/p>\n
\nThe law of this agreement is the law of Victoria.\u00a0 The Parties irrevocably and unconditionally submit themselves to the exclusive jurisdiction of the courts of Victoria and of all courts competent to hear appeals from those courts.\u00a0 The Parties waive any rights to any proceedings being brought in those courts. All proceedings arising in connection with this agreement must be issued in Victoria.<\/p>\n
\nAll enforcement costs, including for the avoidance of doubt legal charges and internal clerical costs (charged at Petrol Digital\u2019s stated hourly rate) incurred by Petrol Digital in regard to any action taken to enforce this Agreement and\/or obtain overdue payments shall be born by the Customer on an indemnity basis.<\/p>\n","protected":false},"excerpt":{"rendered":"