Convertopages Terms & Conditions
- General – These conditions of SponsoredLinX apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on SponsoredLinX or form part of any contract unless expressly accepted by SponsoredLinX in writing.
- Cost variations – SponsoredLinX quotations for design work are based upon projected working hours at the current studio rate, plus materials. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as material sub-contracted on behalf of the Customer will be quoted separately.
- Limitation of Liability – In no event shall SponsoredLinX be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of SponsoredLinX even if SponsoredLinX have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you.
3.1 In no event shall SponsoredLinX be liable to any party for any delays, inaccuracies, errors or omissions with respect to SponsoredLinX or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through SponsoredLinX. You expressly agree that SponsoredLinX shall not be responsible or liable for any loss of data, nor shall SponsoredLinX be required to return any lost data, resulting from the suspension or deletion of user websites, network or system outages, file corruption or any other reasons.
3.2 SponsoredLinX urges you to maintain backup versions of your website’s content to guard against losses of any kind. You expressly agree that SponsoredLinX shall not be liable for any conduct by users of SponsoredLinX and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through SponsoredLinX. You expressly agree to indemnify and hold harmless SponsoredLinX, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with your information, your use of or connection to SponsoredLinX, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.
- Customers’ property – Customers’ property when supplied to SponsoredLinX will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. If third parties are sub-contracted by SponsoredLinX and are to use this property to complete their requested task(s), then all properties remain the property of the SponsoredLinX Customer and may not be copied or used in any manner by the third party for their own works outside of SponsoredLinX. Once the job has been completed all copies of the properties (either physical or software) are to be returned to SponsoredLinX or deleted from their systems and/or servers.
- Copyright – The Customer shall not submit for use by SponsoredLinX anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to SponsoredLinX under the relevant contract and shall further indemnify SponsoredLinX against any loss, costs or expenses attributable to such unauthorised dealing.
6. Payment Terms & Termination
6.1 The Initial Set Up Fee is payable in full before the setup of your ConvertoPages accounts will begin.
6.2 The Monthly Management Fee for your ConvertoPages account will be charged 1 calendar month after date of sign up. The Management Fee will be charged monthly in arrears. SponsoredLinX™ reserves the right to charge the Management Fee monthly in advance at any time by email notice to you a reasonable time before the change occurs. .
6.3. SponsoredLinX™ will automatically debit your supplied credit card weekly for the monthly Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.
6.4 SponsoredLinX™ reserves the right to not set up your ConvertoPages account. At which time you will receive a full refund of all Setup Fees that you have paid. Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.
6.5 SponsoredLinX™ reserves the right to stop managing your ConvertoPages account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your SponsoredLinX™ monthly management fee will stop at the next billing cycle after the termination date.
6.6 If you wish to suspend or cancel your SponsoredLinX™ management of your ConvertoPages accounts at any time then please let us know by phone or email. We will then book a meeting (in person or by phone) with you and one of our team leaders or managers to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the meeting then your SponsoredLinX™ monthly management fee will stop at the end of the current billing cycle.
6.7 Upon termination or expiration of this Agreement by either party for any reason, (a) SponsoredLinX™ will cease providing the Services, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to SponsoredLinX™ for your usage of the Services through the effective date of such termination or expiration will immediately become due and payable in full. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
6.8 Upon termination or expiration of this Agreement by either party for any reason, SponsoredLinX™ may delete any Customer archived data within 30 days after the date of termination
7. Sub-contracting – SponsoredLinX may employ any person, company or firm as a sub-contractor for the production or provision of any printed or other item in accordance with any original design or other work produced by SponsoredLinX for the Customer.
8. Non-payment – Failure by the Customer to meet financial obligations may result in legal proceedings by SponsoredLinX under which circumstances all legal costs and other administrative expenses will be recoverable in full by SponsoredLinX.
9. Support package
9.1 – Telephone Support – SponsoredLinX shall provide support via phone and facsimile. Technical support is available Monday through Thursday 9 a.m. – 5 p.m. and Friday 9 a.m. – 4 p.m. AEST.
9.2 – Website Support – SponsoredLinX will provide the Customer with access to its website support section. Specific offerings on the website may change from time to time at SponsoredLinX’s discretion; additionally, the SponsoredLinX website provides answers to frequently asked questions.
9.3 – Email Support – SponsoredLinX will provide the Customer with email support Monday through Thursday 9 a.m. – 5 p.m. and Friday 9 a.m. – 4 p.m. AEST.
9.4 – On-site Support – SponsoredLinX will make on-site support and professional services available to the Customer for additional fees. Prices for extended support will be provided to the Customer upon request.
10. Restrictions and Responsibilities
10.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
10.3 For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer will not engage in the act of sending unsolicited emails.
In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to SponsoredLinX. SponsoredLinX may use this information and any technical information about Customer’s use of this website to tailor its presentations to Customer, facilitate Customer’s movement through this website, or communicate separately with Customer. SponsoredLinX will not provide information to companies Customer has not authorized, and SponsoredLinX will not authorize the companies that get such information to sell and redistribute it without Customer’s prior consent.
10.4 Customer acknowledges and agrees that: (a) the Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein are owned by SponsoredLinX and/or its third party sponsors, partners, and other co-branders, (b) the Proprietary Information contains valuable copyrighted material and is protected by Asutralian copyright and other intellectual property laws, (c) the Proprietary Information is licensed, rather than sold, to Customer pursuant to these Terms, and (d) Customer has no rights in the Proprietary Information, other than the rights and licenses granted to Customer herein.
10.5 Reservation of Rights. Except for the rights expressly granted to Customer pursuant to these Services, Customer acknowledges that it has no right, title or interest in or to this website, the Services or Proprietary Information. All rights not expressly granted by SponsoredLinX in these Terms are hereby reserved by SponsoredLinX. There are no implied rights.
11. Backup Storage – SponsoredLinX offers its Services to host webpages, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. For its own operational efficiencies and purposes, SponsoredLinX from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER’S DUTY AND RESPONSIBILITY TO SEPARATELY BACKUP CUSTOMER’S FILES AND DATA WHICH MAY RESIDE ON SponsoredLinX SERVERS. UNDER NO CIRCUMSTANCES WILL SponsoredLinX BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER’S FILES AND/OR DATA ON ANY SponsoredLinX SERVER.
12. SponsoredLinX Contact Information – Technical support is available Monday through Thursday 9 a.m. – 5 p.m. and Friday 9 a.m. – 4 p.m. AEST. SponsoredLinX provides a number of online resources to respond to our Customer’s technical questions about the software.