TERMS AND CONDITIONS OF USE
Every service has requirements, rights and obligations. We are in business to support YOU and provide you with superior services. If we cannot operate a functional partnership (helping each other) then there is no use in us providing you with these services.
Please provide us with feedback whenever possible so we can maintain the best services possible.
"Affiliate" refers to any real person, company or entity (eg Company, Business, Charity, Club) authorised to market selected products and services on behalf of the company (or it's partners or assigns), by referring potential customers to the company website using the provided affiliate linking process (as available from time to time).
"Company" refers to SupaClix (owned by "Trius Technology" (Trius)) and subsidiary companies, business entities and assigns. Used interchangeably with “we” and “us”
"Confidential Information" means all Sales Product and Proprietary Information other than so much of that information which is generally available in the public domain or was known by the Affiliate prior to its disclosure to the Affiliate by the Company and in either case, the proof of which shall lie with the Affiliate.
"Customer" refers to any person, company or entity or end user of the services or products provided by the Company or it's partners or assigns.
"Customer Details" means in general terms the identity of a Customer and includes the name, address, contact details and personnel and any billing or payment information.
"Intellectual Property Rights" means all copyrights, patents, registered and unregistered trade marks, registered designs, trade secrets and know-how and all other intellectual property rights including those referred to in Article 2 of the Convention establishing the World Intellectual Property Organisation (Stockholm, 14 July 1967 - 13 January 1968). It includes any part or whole of the concepts, ideas and plans relating to selling methodology or techniques or marketing strategy and goals or the devised sales scripts and any written summary, list of description such as concepts, ideas and plans, as now existing and as developed or modified, and any part of and the whole of the cost structures, pricing plans, additional potential services and various other information in relation to the telecommunications services which are being developed, marketed or sold, as now existing and as are being developed or modified.
"Proprietary Information" includes all information regarding the Company's operations; Customer lists howsoever generated or obtained; Customer details, contact personnel and general information; past present and future business; strategic development; objectives; plans and decision making processes; employee details; current and proposed marketing of the business or products; management structures; internal controls and any other Customer information.
"Products" or "Services" refer to any products, physical or virtual) supplied by the Company or it's Service Partners or assigns. These include but is not restricted to: Static & active websites, domain name services, email campaigns, internet services, marketing services, social media, blogging, network marketing (MLM), affiliate marketing, advertising, lead generation, communications, and consulting services.
"Supplier" means the Company and any supplier, Service Provider, carrier or other Vendor that the Company deals with, or purchases from, either as an agent, dealer, Affiliate, Partner, or by any other arrangement for supply of goods or services.
“Websites” refers to any and all websites and internet-based technology, owned, operated or maintained by the Company.
Rates and Charges are Subject to Change Without Notice!
All rates and charges are subject to change without notice. We will always attempt to notify you of these changes in advance but due to the nature of the telecommunications industry, we may not be able to.
In most cases you may release yourself from any subscription service with us by simply terminating your account.
After account termination, any prepaid service fees and/or prepaid call balances will be forfeited by you and can NOT be refunded.
Any Affiliate incomes shown are purely for example only. Individual results may vary. Affiliate Income is dependent upon personal effort and business acumen. Luck and business position have no influence on affiliate income. If the affiliate makes no sales then they make no income. See our Disclaimers for more detail.
TIMES AND RATES
Times are shown/calculated as AEST (or AEDST) - Sydney (Australia) - unless notified otherwise.
Peak and off-peak rates & times may apply to some services. These time spans will be indicated where necessary.
Customers must comply with all Local, State, Federal and International laws. The Company reserves the right to monitor the conduct of any Customer it suspects is abusing the conditions of this policy and if appropriate may pass any information on to the relevant authorities.
PROVISION OF SERVICE
The Company will provide the Service to the Customer. The Company does not warrant that the Service will be uninterrupted or error free, and it is understood that the Service may from time to time be affected by factors beyond the control of the Company. In such case the Company will not be responsible for any delay or failure to perform but shall pursue the restoration of the Service to the best of its ability.
The Company may provide the Customer with login information required to access the Services.
The Customer must not resell the Services without the express prior written consent of the Company.
By accessing the Service, the Customer agrees to abide by the Terms and Conditions, including the Acceptable Use Policy.
The company accepts no responsibility for loss of Customer data. It is recommended that you backup any sensitive data on a regular basis to avoid possible loss.
EXCLUSION OF LIABILITY
By using the Service provided by the Company, the Customer agrees to the following:
The use of the Service is at the Customer's sole risk and responsibility. Through the Service, the Customer may find materials that are inappropriate, offensive, inflammatory or of an adult nature. The Company does not endorse such materials and shall not be held liable for them.
The Customer accepts full responsibility for any content obtained through or on the Service. The Company accepts no responsibility for any infringement of any law in any country, or conduct of an illegal nature by any of its Customers.
The Services are supplied on an "as is" basis without warranties of any kind, either express or implied. In no event will the Company or its employees be liable to anyone for any special, incidental or consequential damages arising from the use of (or inability to use) the Service, including but not limited to damages resulting from loss of data or loss of profit.
The Customer agrees to indemnify the Company (and hold harmless) against all liabilities, damages, claims, actions, proceedings and expenses, including all legal fees and expenses, arising from the Customer's use of the Service, or breach of any term of this Agreement in any way.
GUARANTEE & WARRANTY
This site (and other company managed sites) is provided by the Company and has been constructed with the assistance of, and in association with, independent business partners.
Warranty is extended to product supply and reasonably acceptable service fucntionality.
Unless stated otherwise, no warranty is implied or guaranteed on the information contained therein.
The company is run by real, reasonable people who understand, so if there is ever any need for grievance then please contact us first and give us the opportunity to rectify any problems as they arise.
BILLING, CHARGING, REFUNDS & GST
All prices and rates (displayed or otherwise) are in AUD (Australian Dollars) unless noted otherwise.
The Company reserves the right to alter service fees and charges from time to time by giving the Customer fourteen (14) days notice by email.
The Company's service charging rates are payment in advance unless negotiated otherwise in writing.
Usage and service charges commence once you become an authenticated user on our system.
You are obliged to pay for the services whether you use them or not. We do not maintain checks on your account to see if you are using the services. Services are provided for your use "on-demand". If for any reason you do not use the services then our service fees continue to be payable and are not refundable. In order to terminate service charge you must officially terminate your account in writing or by contacting the company and proving you are the owner of the account.
You are financially obligated to pay for the services until you officially terminate your agreement with us in writing or by terminating your account via your password protected User Control Panel.
You may be entitled to a refund only if the service is faulty. If the service is found to be functioning correctly then service fees continue to apply until you request termination.
If for any reason YOU cannot access the services then you must contact the company by email and/or log a support ticket.
The 10% GST (Goods & Services Tax) will be charged on all services provided to residents of Australia in accordance with ANTS (A New Tax System) as imposed by the Australian Government 1 July 2000. The GST will not be charged on services provided to Customers outside Australia. Prices may be different for Australians and non-Australians.
Subscription fees are charged monthly or annually (unless shown otherwise) to your designated Credit Card in the name of Trius Technology or SupaClix.
Setup fees and casual purchases are billed at the time of purchase.
You may cancel, terminate or suspend services at any time by notifying us in writing or via the appropriate link in your user control panel. There may be a short delay in implementing termination of some services. It may not be possible to suspend some services and only cancel or terminate them.
Any unused periodic payment at the time of cancellation will be forfeited and any excess usage over your allowance will be immediately billed to your credit card.
Where possible, unused fees and credit balances will be repaid pro-rata. Minimum and maximum refund amounts and administration fees may apply.
All accounts will be paid by credit card or other electronic means as determined from time to time. Subsequent fees may be debited automatically at the beginning of each billing period and will include any other charges incurred by the Customer.
Billing date, time, period and amounts may vary depending upon the chosen Service.
Accounts not paid on the due date will be suspended and a resumption fee may apply. Further, the Company will be at liberty to charge interest at the rate of 2% per month, calculated daily, on any account not paid by its due date.
Please ensure your credit card details are valid and kept up to date with us. You do not want to run the risk of your service being disabled due to non-payment.
Non availability of funds at the time of billing may incur administration fees and service suspension. Further non-payment will incur termination of the service. Upon termination we require immediate payment, plus incurred interest and any additional administration fees. Failure to pay this defaulted amount will incur legal action against you which may harm your credit rating.
The Customer will remain liable for any charges incurred up to the effective date of termination.
Insofar as it is lawful, no refund of any fees will be granted subject to the provision and availability of the services.
All users are responsible for the cost of connection to any additional systems not provisioned by the Company but required for operation of the Services. This may include making mobile or long distance phone calls using your preferred long distance or mobile carrier. It may also be by connecting by fixed or mobile telephone, via the Internet, by wireless connection or by some alternate means as developed from time to time. (eg: If your service requires the internet ro operate and your ISP service is not functioning then our service fees still remain payable.)
Please also refer to our detailed Returns Policy
FEES & CHARGES
Charges to your credit card will be in AUD (Australian Dollars). Holders of non-Australian credit cards will have their charges converted (by their credit card company) back to the local currency at the applicable rate on the day the charge is processed. [Check conversion rate into your currency] Any additional conversion rates and fees imposed by your credit provider are borne by the card holder.
Your credit card will be charged the designated subscription fee automatically EVERY CALENDAR MONTH until you cancel your account!
If funds are not available at the required time, your account WILL be suspended. We notify you up to 3 times before suspension. If funds are not forthcoming within 30 days your account will be cancelled.
You can change your credit card details online or contact us at any time. When you change your card details you may be charged a nominal fee (usually around $1.00 AUD) on the card in order to validate it.
We DO NOT ISSUE REFUNDS for unused services. You are committing to a paid in advance (prepaid) monthly or annual account. If you do not use the services then you will need to cancel your account PRIOR TO YOUR ACCOUNT BEING CHARGED for the next period of use.
Because your card will be automatically charged, for our security and yours, our bank and our credit card payment processors may require the owner of the card to forward a Written Credit Card Authority Form (via mail only) with a photo copy of the designated card PLUS a copy of the owner's photo ID. Without these on file we may have to suspend your account until we receive them. These, and any other relevant documents, are available via your Secure User Control Panel.
CANCELLATION & TERMINATION
The Agreement shall remain in place until it is terminated by either party at any time. Due to the nature of some subscription services, up to fourteen (14) days prior notice may be required for some services to become effectively terminated.
The Company reserves the right to terminate or suspend the Service or Agreement to the Customer without notice or liability upon the occasion of misuse or abuse of the Service by the Customer.
In its sole discretion, the Company determines what constitutes misuse or abuse of the Service.
After account termination, any prepaid balances service fees will be forfeited by you and can NOT be refunded.
Suspended accounts may be subject to reactivation charges should the user wish to reactivate their account.
This agreement shall be subject to and governed by the laws of Australia and the parties hereto submit to the exclusive jurisdiction of the Courts and Tribunals of that country and any Courts and Tribunals of appeal therefrom.
By accessing the Service, the Customer agrees to be bound by the terms of this policy.
Please report any Unacceptable Use immediately to the company.
Breaches of the Acceptable Use Policy can lead to suspension or cancellation of a Customer's account without notice.
The Company reserves the right to terminate or suspend the Service or Agreement with the Customer without notice or liability upon the occasion of misuse or abuse of the Service by the Customer..
In its sole discretion, the Company determines what constitutes misuse or abuse of the Service.
It is not acceptable to use the company services to:
Violate any applicable State and Federal laws or regulations
Violate any copyright, trademarks, license rights or other intellectual property rights
Store, use or distribute software of an illegal nature.
Store, host or distribute material that is of a pornographic nature.
Post or transmit any harmful information or software containing any form of Virus, Worm, Trojan Horse etc.
Gain unauthorised access to any computer or other communication device.
Send unsolicited e-mail for the purpose of advertising or inappropriate marketing practices (referred to as "spamming").
Collect responses from unsolicited e-mail using an email address containing any Company domain name.
Use forged headers or other identifying information (Impersonation).
Share service accounts with anyone other than an immediate family Customer.
Resell the service without express written consent.
Run a web server or FTP server without express written consent.
Use artificial means to keep the service continuously connected when not interactively in use.
Solicit other Customers of the Company to become subscribers of other competitive services.
Any user found to be in violation of any of the above (and any other actions deemed morally, legally and commercially unacceptable) will have their account(s) immediately terminated without refund of any prepaid moneys. Legal action may also be initiated where loss of revenue is encountered.
SPAM - UCE (Unsolicited Commercial Email)
Customers using the Company’s services shall not send Unsolicited Commercial Email. Spamming will not be tolerated by the company. Any user found spamming will be terminated immediately.
WORLD WIDE WEB PAGES (www)
Offensive material must not be published on the Customer's website. This includes expressions of racism, hatred, bigotry, or profanity; information or promotion of illegal websites or activities; display of material containing nudity or pornography of any kind.
If the Customer's website receives hits (visits) in excess of the number of hits or visits or visitor registrations specified in the Company’s pricing or policy documents, the Customer will be liable for additional charges as determined by the Company.
SHIPPING & DELIVERY
When you purchase from our online shop you can choose from a number of shipping options. We use Australia Post as our default shipping carrier, however, there may be additional options available for your delivery destination.
The price and anticipated delivery time frames are indicated next to each option. Choose your delivery option based upon the price and delivery time you require.
According to Australia Post, typical delivery times in Australia range from next day (express) delivery up to 7 days for regional and outback locations. If your order has not arrived (in Australia) within 7 days then please contact us.
International deliveries can vary greatly depending on the destination so please contact us by phone or email if you wish a delivery time estimate.
COPYRIGHT & TRADEMARKS
Content of this and all Company produced websites is copyright. Breach of this copyright in any way shall bear full legal action against all parties involved in the breach.
Content of this site may be freely copied and distributed subject to the inclusion of the copyright notice and our website address. We request that if you are using our information on your site that you provide a clickable link back to the source of the information on our website.
Alterations to ANY company information is NOT ALLOWED unless authorised in writing by the company.
Under no circumstances shall changes to the informational content (audio, video, print or other materials) be made without prior written authority from the Company.
Members and Affiliates may electronically or physically copy or print pages from their member or affiliate website pages in order to promote the product, services and business opportunity.Alteration to these pages is not allowed.
This site contains links to other Internet locations. Unless stated otherwise, these links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by this site. Appropriate copyright and trademark rights of those sites also remain with the owners of those sites.
You may subscribe or unsubscribe to any opt-in email (or other technology) distribution lists as offered from time to time.
If you have purchased from us then we may communicate with you on a periodic basis. By law we are allowed to send legal and periodic updates that may affect your account with us.
You may request to be removed from such communications, however this may affect the operation of any account you may have with us.
NO SPAM POLICY
We operate a NO SPAM policy and comply with the Australian SPAM ACT 2003.
The Customer hereby acknowledges and agrees that each document mentioned in this clause, together with these terms and conditions form the terms and conditions of the Agreement between the parties, and by using the Service provided by the Company, the Customer acknowledges that they have read, understand, and agree to abide by those terms and conditions.
The Company reserves the right to update these terms without notice, but will endeavour to notify the Customer of such changes whenever possible. It is the duty of the customer or affiliate to be aware of these terms and agree to abide by them (including any and all amendments) at all times.
Should you need any assistance please contact us.
Legal Info: https://supaclix.com/legal/
Revision: 8 July 2018