Terms and Conditions of Sale
- Acceptance of Terms
The services and products, which are offered to you by Receptive Technologies Pty Ltd (Hereinafter referred to as ‘Receptive’), are subject to these Terms & Conditions. These Terms & Conditions may be updated at any time by Receptive without notice to you other than by an amended Terms & Conditions contained upon this website. It is your responsibility to ensure that you have checked for any amendments to these Terms & Conditions. By accessing or using this site in any manner or fashion, you agree to abide by and agree to the Terms & Conditions. Should you not agree to abide by these Terms & Conditions you are requested to exit the website forthwith.
By using this website and or services and products provided by Receptive, you confirm that you are at least 18 years of age or if you are under 18, you have the consent of your parent or guardian. You also confirm that you are legally competent to enter into the terms of service, conditions, and warranties, which are contained herein.
- Invalidity or Unenforceability of Terms & Conditions and Terms of Sale
If any of these provisions, words, sentences or interpretations contained within the Terms & Conditions and Terms of Sale are found by a competent court or tribunal to be invalid or unenforceable then that provision, word, sentence or interpretation only shall be deleted and the remainder of the Terms & Conditions and Terms of Sale shall continue to be binding on both Receptive and you.
These Terms & Conditions shall be governed by the law of the State of New South Wales and the Commonwealth of Australia respectively.
- Description of Service
Receptive provides website design services as well as other website services which may include, but is not limited to, website support, development of databases, email accounts, and any other website or internet related service.
- Specifically Excluded from the work, unless specified:
• Computer upgrades, Computer Setup and Computer support,
• Email device setup (we will give you all the settings you need, and refer you to some great Technicians if needed)
• Integration with external CRM’s
• Public Relations
• Media costs (advertising for print, or online)
• Photography/video recording
• Purchased images
• Search Engine Optimisation
• Google Adwords or other Pay-per-click costs
Receptive will communicate with you electronically by way of e-mail, telephone or any other means considered appropriate. By accepting these Terms & Conditions you agree to receiving communication by way of email for information including agreements, disclosures, notices or any other communication which Receptive believes may be of benefit to you or your business.
- Acceptable Use of This Site and Products & Services
You agree that your use of this site and any products and services, which Receptive may provide you with, whether by Receptive directly or indirectly, will be in a manner that abides by all applicable laws and regulations. Additionally you agree not to engage in activity using our products or services in any way that:
7.1 Is unlawful, threatening, abusive, harassing, slanderous, violent, invasive of privacy, offensive to ethnic or minority groups, pornographic or ion anyway harmful to minors.
7.2 Is an infringement of patents, trademarks, copyrights, trade secrets, or any other intellectual property rights.
7.3 Advocates unacceptable community behaviour or criminal activity.
7.4 Is fraudulent or deceptive.
7.5 Transmits software viruses, worms, Trojan horses or any other material which may damage, disrupt, survey, or impair the functioning of any hardware, software, server, communication system, or computer related peripherals.
7.6 Creates a false identity, which is specifically designed to mislead or induce others to engage in any activity, conduct, or acceptance of any service or product or any other agreement.
7.7 May or be likely to cause Receptive or any of its clients to come into disrepute.
You agree that you are fully responsible for content contained upon your products and services and that Receptive is harmless and not responsible in the event that any legal proceedings are instituted against you for your business practices or content. Receptive may terminate any dealings with you should you be in violation of the Terms of Service.
- Intellectual Property
Receptive may terminate any provision of products and services where copyright infringement is found to have been caused by you either directly or indirectly. You agree to ensure that any information or content requests are original and free from any third party copyright or trademark protection or have obtained written permission from the IP owner for its use. Any content you provide to Receptive will remain your own Intellectual Property.
- International Usage
As with the global nature of the internet, you agree that you will identify and comply with all rules, laws, and regulations of online conduct and content which is acceptable for your use of our products and services. You also agree to familiarise yourself and your agents with the laws relevant to the collection and dissemination of personal data and the laws relevant to the transmission of any other data.
- Limitation of Liability
You agree that Receptive, it’s subsidiaries, officers, employees and any agent contracted by Receptive shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damage for loss of profits, goodwill, use, data, or any other intangible losses. Such limitation of liability shall apply whether the damages arise from the use or inability to use the services and products of Receptive, reliance on Receptive services, or from the interruption, suspension or termination of Receptive services (including any damage incurred by any other third party). This limitation shall also apply to any costs of procurement of substituted services or products.
You agree that Receptive shall under no circumstances be liable for any delay or any performance failure by whatever means which results wither directly or indirectly from acts of nature, forces or causes which are beyond the reasonable control of Receptive, including without limitation to internet failures, computer failure, telecommunication failure, equipment failure of any kind, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour and/or materials, floods, fires, explosions, storms, illness, accidents, acts of God, government action, war, orders of domestic or foreign courts and tribunals, and the non performance of any third party.
You agree that at no time shall Receptive be liable to any more than a refund of any monies paid by you or your company.
- Tort Claims
You agree that you waive all and any tort claims that arise through any act or omission against Receptive, its subsidiaries, its officers, employees and any contracted agents now or at any time within eight years of the date of your last dealings with Receptive. The relationship between you and Receptive shall be contractual in nature only.
You agree to defend, indemnify and hold harmless Receptive, its directors, officers, employees, or contracted agents from and against all claims and expenses, including legal fees that may arise from or be the result of any content, service or product which is provided upon your website or electronic database.
- Negative Comments / Slander
You agree not to engage in any negative comments or slander regarding Receptive or any person associated with Receptive, including but not limited to publishing, or causing to be published, complaints or any derogatory comments related directly or indirectly to Receptive or any person associated with Receptive in any format, including but not limited to, print, newspapers, television, radio or on any internet website, including but not limited to, blogs, feedback pages, or any internet communication forum whether private or public. Should there be a breach of this condition you agree that Receptive shall be entitled to liquidated damages at a rate which will be decided upon for any perceived or real loss to commercial activity, for each and every posting and day or days that the posting remains active and visible to any person. Receptive shall also be entitled to litigate the breach of this condition and obtain financial damages and any injunctive reliefs found to be necessary.
- Receptive Employees & Contractors
You agree that at no time shall you or any member, employee, or agent of your company or business approach, communicate with or discuss with any employee or contractor of Receptive any matter with the intention of having that employee or contractor provide your business with services or products, which are not processed through Receptive. You agree that you shall not offer employment of any kind to employees or contractors of Receptive. Any breach of this condition may at the discretion of Receptive result in:
14.1 Automatic cancellation of products or services being provided to you now or at any time in the future.
14.2 A financial penalty being imposed upon you for a sum as determined by Receptive, which reflects the economical and physical loss, including reasonable future loss, suffered by Receptive for your unauthorised use of human resources associated with Receptive.
- Purchase of Receptive Products and Services
Purchase of Receptive Products and Services shall be subjected to the terms and conditions of sale below mentioned.
15.1 A contract of sale of any product or service shall only be entered into when Receptive formally accepts an oral or written order, electronic or otherwise, from you.
15.2 Receptive may refuse to sell or supply any product or service before or during the performance of any contract between Receptive and you. Any refusal will be identified to you in writing, unless prevented by any law or reasonable request made on or on behalf of any law enforcement or government agency.
15.3 Any request for a variation or cancelation of an order for products or services provided by Receptive shall be made in writing by you and approval for the alteration or cancellation shall be at the discretion of Receptive.
15.4 The price of products and services provided by or on behalf of Receptive shall be the sum of:
15.4.1 The price of the products or services as quoted by Receptive, or if no quote has been provided, the price which is considered by Receptive to be fair market value at the time of delivery of the product or service to you.
15.4.2 Any taxes or surcharges, which are payable in relation to the product or service.
15.4.3 Any storage, transmission, freight, courier, or other costs which relate specifically and directly to the delivery of the product or service to you.
15.5 All products and services shall be paid for before delivery unless prior agreement has been received from Receptive.
15.6 You shall not deduct any sum from the due amount on any invoice provided to you by Receptive for any reason whatsoever.
15.7 Delivery of products and services shall be delivered to you at an address whether physical or electronic which you shall provide to Receptive at the time of entering into any contract with Receptive.
15.8 If Receptive is directed by you to deliver products and services to a physical address the following shall apply:
15.8.1 The invoice and/or delivery docket provided by Receptive shall be conclusive evidence that the product or service as requested by you has been delivered in full.
15.8.2 You shall be present at the agreed date and time of delivery, if delivery is delayed for some unforeseen circumstance you agree to be present at the time and date which delivery is anticipated and advised to you. Should you or an agent approved by you in writing not be present at the time and place of delivery then the products or services may be unloaded at the most accessible entry point and Receptive shall not be responsible or liable for any loss which may occur.
15.8.3 Receptive reserves the right to charge additional costs for delivery charges incurred by Receptive for delivering any product or service to you.
15.8.4 Upon delivery you shall immediately inspect the product or service and provide written notice within seven days from the date of delivery of any irregularity in quantity or description of any defects. If written notice is not received by you within seven days delivery of the product or services shall be deemed to be complete without issue.
15.8.5 Where a written notice is provided within seven days to Receptive an inspection shall be conducted of the product or service by a representative of Receptive. You are obliged to retain the product or service as you received it until a time in which Receptive is able to inspect the product or service. Failure to do so will result in a credit being unable to be provided by Receptive.
15.8.6 Should Receptive provide you with a credit for any product or service as a result of the application of 12.8.5 then the credit shall be for the purchase price less any delivery, handling, or storage costs.
15.9 Risk in any product or service passes from Receptive to you upon delivery. Notwithstanding the passing of that risk:
15.9.1 All products delivered by Receptive to you remain the property of Receptive until any and all monies owing by you to Receptive have been paid in full. You shall upon demand return any product or service, which has not been paid for in full within three business days.
15.9.2 Design and programming changes that are beyond the scope of a quote, may, at the sole discretion of Receptive, be refused, or charged extra if changes become excessive. You will be notified at least one round of changes before this would take effect.
15.10 All Pricing is in Australian Dollars
15.11 A fee of 2% applies to all payments via visa or Mastercard. A fee of 3% applies to payments via American Express.
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