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Terms & Conditions

GYMLINKsites is herein known as GymLink.

FINANCIAL ARRANGEMENTS

  1. The cost of a GymLink web design package is a set price. It includes design and build, one 2 year domain name registration (if you do not already have a domain name) or transfer (if you already have one), web and email hosting for the first 12 months and support for the first 12 months (please check packages for support variations).
  2. A 50% deposit for your web design package is due with your order. The 50% balance is due when your website has been designed, built and handed over.
  3. Although GymLink reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
  4. Failure to make complete payments may result in your website and emails being suspended.
  5. All receipts/invoices will be sent via email.

CANCELLATION & REFUNDS

  1. All deposits and fees paid are non-refundable after the design brief is returned to GymLink.
  2. Once the design brief is submitted to GymLink, all design fees are payable in due course. No cancellations will be accepted and no refunds will be given. All design services ordered must be paid for in full unless cancelled before submitting the design brief.
  3. The usability, functionality and/or limitations of the content management systems (CMS) is no reason for not paying the balance of your website. If you require a particular functionality, GymLink provides a demo of the CMS system that you can trial prior to signing the terms and conditions.
  4. Please contact our admin team for a cancellation form. This is required before we cancel the account.
  5. If a Customer contravenes the GymLink terms and conditions, the service will be terminated immediately with no refund.

GENERAL

  1. GymLink reserves the right to refuse service and/or access to its products and servers to anyone.
  2. GymLink reserves the right to suspend or cancel a Customer's access to any or all services provided by GymLink when GymLink decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
  3. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away GymLink services to other parties.
  4. GymLink does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world. (b) Scripts - Any Script that creates a load on the server will be removed. (c) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of GymLink. (d) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

WEBSITE DESIGN & SUPPORT

  1. Depending on your package, you will receive one or two design concepts and a slight variation of each concept by email based on the design brief you submit. You can request 2-3 changes to the concepts until the design is to your satisfaction.
  2. All websites will be delivered with content provided by the Customer (unless otherwise instructed). The Customer is responsible for editing the website from that point.
  3. All GymLink website designs remain the copyright of GymLink, and cannot be moved away from GymLink servers.
  4. If a logo has been purchased, this will need to be signed off before the website design is commenced.
  5. Support, FAQ’s and manuals are available free of charge on www.GymLinkSites.com.au to assist website updates.
  6. GymLink web design packages are self managed and GymLink is not responsible for any copy, editing or updating of your website. GymLink is under no obligation to do any work on your website unless contracted to do so.
  7. GymLink offers support by phone or email during normal business hours of 9am-5pm AEST. This service is provided to direct you to information to solve a single problem.
  8. The first 12 months hosting and support commences on the date of the website handover.

DOMAIN REGISTRATION

GymLink does not guarantee the requested domain name is available or is able to be registered. GymLink advises no action be taken in respect of your requested domain name until you have been notified your domain name is registered

TAXES

GymLink shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer.

MATERIAL AND PRODUCTS

The Customer agrees that he or she has the necessary knowledge to maintain the Customer's website. The Customer agrees that it is not the responsibility of GymLink to provide this knowledge or Customer support outside of the defined service of the GymLink web design packages. GymLink will exercise no control whatsoever over the content of the information passing through the network.

DISCLAIMER

  1. GymLink and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if GymLink is aware of the risk of such damages, that result in any way from the Customer's use or inability to use the services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
  2. GymLink makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. GymLink also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
  3. Use of any information obtained by way of GymLink is at the Customer's own risk, and GymLink specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  4. GymLink expressly limits its damages to the Customer for any non-accessibility time or other down time during the system unavailability. GymLink specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

TRADEMARKS & COPYRIGHTS

The Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT & SOFTWARE

The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access GymLink websites. GymLink makes no representations, warranties or assurances that the Customer's equipment will be compatible with the GymLink service.

LIMITED LIABILITY

  1. The Customer expressly agrees that use of GymLink CMS is at the Customer's sole risk. Neither GymLink, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the GymLink CMS service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the GymLink servers, unless otherwise expressly stated in this Agreement.
  2. Under no circumstances, including negligence, shall GymLink, its officers, agents or anyone else involved in creating, producing or distributing GymLink web design packages be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the GymLink service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to GymLink's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on GymLink's servers.
  3. Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

LAWFUL PURPOSE

The Customer may only use GymLink servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

INDEMNIFICATION

a) The Customer agrees that it shall defend, indemnify, save and hold GymLink harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against GymLink, its agents, its Customers, 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 Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless GymLink against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with GymLink's server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the GymLink Server.

GOVERNING LAWS

This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales Australia.

SEVERABILITY

Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer as specified in Section I. Financial Arrangements.

TRANSFER

  1. The Customer may not transfer this agreement without the written consent of GymLink.
  2. GymLink websites cannot be transferred away from GymLink servers within the first 12 months of service or after a 12 month renewed support and hosting package has been purchased. Domain names will always remain the property of the Customer.

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