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  • Terms & Conditions

  • This agreement becomes effective immediately upon your acceptance of the following Terms and conditions as an authorised representative for your business or company. Regardless of the place of acceptance, you agree that for purposes of venue, this agreement was entered into in SYDNEY, NSW; and any dispute will be litigated in SYDNEY, NSW. By accepting this agreement following terms and condition are incorporated explicitly.Within these terms you will be known as the "CLIENT"

    Acceptance of the following terms, terminates and supersedes all prior web service agreements with BROWN BOX.

    1. BROWN BOX will be the prime contractor for work undertaken; where required BROWN BOX reserves the right to outsource work in order to meet client requirements.
    2. Support Subscriptions are billed on a service cycle in advance of the service provisioning.
    3. Full payment is required within seven (7) days of notice to ensure continuity of service. Failure to pay in full and on time, may result in suspension of services, the matter being escalated to our credit collection agency and/or the matter being escalated to our legal agency. Additional hours are recorded during the service cycle and are billed as required.
    4. Terms for Interpretation: The following terms and definitions are provided for interpretation of BROWN BOX contracts and agreements: a) “Standard Business Hours” - Monday to Friday, 8:30am to 5:00pm AEST, excluding public holidays as defined in the State of New South Wales; and b) Labour is chargeable as per the selected package or service in either fifteen (15) minute or thirty (30) minute billing blocks.
    5. Intellectual Property: Offers and quotes made by BROWN BOX should be treated as trade secrets and remain the property of BROWN BOX. Such offers and quotes or the information contained within them shall not be passed to third parties or publicly disseminated without prior written authorisation from BROWN BOX. This includes, but is not limited to, technical features, functionality, aspects of the design, and/or pricing information.
    6. There will a maximum of two (2) weeks of non-support each twelve (12) month period. Non-support periods can vary in duration from one (1) day to the total maximum non-support allocation. Non-support periods will be advised on the http://brownbox.net.au/support page with no less than seven (7) days notice.
    7. The CLIENT agrees that it shall defend, indemnify, save and hold BROWN BOX harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor's fees associated with BROWN BOX's provision of support and consulting services. This includes Liabilities asserted against BROWN BOX, its subcontractors, its agents, 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 CLIENT, its agents, employees or assigns.
    8. The CLIENT also agrees to defend, indemnify, and hold harmless BROWN BOX against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed by the CLIENT. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business.
    9. The CLIENT acknowledges that it is the sole responsibility of The CLIENT, at all times, including specifically during all service functions performed by BROWN BOX pursuant to this Agreement, to protect and maintain an up-to-date and restorable backup of any and all databases, files, utilities, software and other systems which BROWN BOX or it's agents may directly access or offer advice upon.
    10. The CLIENT represents and warrants to BROWN BOX that it: a) is engaged in a lawful business enterprise; b) can form legally binding contracts and is authorised to enter into this Agreement; and c) is in compliance with all applicable laws appropriate to its location and nature of business.
    11. BROWN BOX shall transfer, assign, and make available to the CLIENT all property and materials in BROWN BOX's possession or subject to BROWN BOX's control that are the property of the CLIENT, subject to payment in full of amounts due pursuant to this Contract.
    12. Either party may terminate the agreement prior to completion of the service period, with or without cause, by giving seven(7) days prior notice of termination to the other party. In the event the CLIENT terminates this Contract, work completed shall be billed as per this agreement. In the event of any termination, the following provisions shall continue in full force and affect: a) the obligation of the CLIENT to make payments due to BROWN BOX; and b) the obligation of BROWN BOX to provide services already paid for by the CLIENT.
    13. Any notice required by this contract or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognised overnight delivery service.
    14. The CLIENT disclaims all liability whatsoever to BROWN BOX or any other party for any act or omission that may result in consequential, indirect, incidental, special or such other damages including but not limited to, any damage for lost profits, loss of data or loss of business, even if the CLIENT has not been advised of the possibility of such damages.
    15. In no event shall the liability on BROWN BOX to the CLIENT for any claim whatsoever related to this agreement exceed the total amount of fees paid for the services that gave rise to the claim within the calendar month during which the claim arose.
    16. If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

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