The following Terms and conditions must be agreed to and abided by for use of our services. Please be aware that Graphicpoint.com.au reserves the right to modify the
Terms and conditions at any time, and without notice as is deemed necessary by Graphicpoint.com.au. Please read these terms and conditions carefully.

1. ACCEPTANCE OF TERMS AND CONDITIONS

01. As a precondition and requirement to use the services available via Graphicpoint.com.au, you, for yourself and for the company or other person(s), if any, you represent ("Customer" or "Customers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms").

02.These Terms are effective between the Customer and Graphicpoint.com.au,  its subsidiaries and affiliates.

03. Graphicpoint.com.au intends to provide the best possible service to each of its Customers. Graphicpoint.com.au is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, Graphicpoint.com.au reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

2. TERMS - PAYMENT - ACCOUNT RENEWAL

01. Payment of fees. All continuous fees and payments are paid monthly in advance. All merchant fees associated with credit card payments can be recovered from the customers nominated credit card account (if applicable) At this time a merchant service fee of 2.5% is applicable to payments made from American Express and Diners Club international
credit card accounts.

02.  Automatic Account Renewal. Fourteen (14) days prior to the expiration of Customer's hosting account, Graphicpoint.com.au will automatically renew Customer's hosting
account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's originally-selected method of payment.

3. CANCELLATION OF SERVICES

01. Customer must direct all cancellation requests to Graphicpoint.com.au via email sent to billing@graphicpoint.com.au

02. Customers websites cannot be transferred away from graphicpoint.com.au or its affiliate’s servers.

03. Domain names will remain the property of the Customer.

4.DOMAIN REGISTRATION  

01. Graphicpoint.com.au does not guarantee the requested domain names are available or are able to be registered. Accordingly, the customer should take no action in respect of their requested domain name(s) until notified that the requested domain name has been registered 

5. DISCLAMER 

01. Graphicpoint.com.au 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 Graphicpoint.com.au  is aware of the risk of such damages, that result from errors, defects, omissions, delays in operation or transmission, or any other
failure of performance of the website, servers or the software.  

02.Graphicpoint.com.au expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Graphicpoint.com.au specifically denies any responsibilities for any damages arising as a consequence of such unavailability.  

6. LIMITED LIABLILITY 

01.The Customer expressly agrees that use of Graphicpoint.com.au services is at the Customer’s sole risk. Neither Graphicpoint.com.au, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the Graphicpoint.com.au 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 Graphicpoint.com.au servers, unless otherwise expressly stated in this Agreement.  

02.Under no circumstances, including negligence, shall Graphicpoint.com.au, its officers, agents or anyone else involved in creating, producing or distributing Graphicpoint.com.au services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Graphicpoint.com.au website services; 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 Graphicpoint.com.au's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Graphicpoint.com.au's servers.  

03.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.  

7.INDEMNIFICAITON  

The Customer agrees that it shall defend, indemnify, save and hold Graphicpoint.com.au harmless from any and alldemands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Graphicpoint.com.au, 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 Graphicpoint.com.au against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Graphicpoint.com.au'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 Graphicpoint.com.au Server.  

8. GOVERNING LAWS 

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

  9. 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. 

10. WEBSITE DESIGN AND SUPPORT 

01. Copyright and Trademarks.The customer unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Graphicpoint.com.au for inclusion in the web design project are owned by the customer, or that the customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Graphicpoint.com.au and its subcontractors from any claim or suit arising from the use of such elements furnished by the customer. 

02.  All website designs remain the copyright of graphicpoint.com.au, and cannot be moved away from graphicpoint.com.au servers.