Terms and Conditions

Bluetronix Australia, 6 Homestead Gardens, Edgewater WA 6027 (ABN 90707936854)
bluetronix UK: bluetronix Ltd., 483 Green Lanes, N13 4 BS London, Company No. 6019121

 

1 Contract and Cancellation
(1) This Agreement is by and between bluetronixTM and you, your heirs, successors, agents or assigns (shown below as "you"). It commences at the date of electronic execution. The agreement shall apply to an indefinite period of time and affects bluetronix's obligations to you and your obligations to bluetronixTM in relation to the software and services you purchase.
(2)  You may terminate this agreement by notice in writing to bluetronixTM with two weeks’ notice to the end of a month. Within this 2-week period, bluetronixTM will not refund any amounts or fees you have paid. bluetronixTM can terminate this agreement without giving reason subject to a term of 30 days to the end of a month.

 

2 Scope of application / changes
(1) bluetronixTM provides services based solely on these terms and conditions.
(2) Variation of the contract or agreement terms only apply if they are confirmed in writing by bluetronixTM.
(3) You agree that bluetronixTM may make reasonabe changes or amendments to this agreement at any time and you are bound to this agreement as long as you are using bluetronixTM software or services. You may question such changes. If you do not query the changes they will come into effect 4 weeks after notification.

 

3 Scope of supply and services
(1) bluetronixTM ensures server availability of 99% at annual mean. Excepted are:
· situations where technical problems or incidents are beyond the responsibility of bluetronixTM,
· interference by third parties, and
· acts of nature beyond our control.
You agree not to hold bluetronixTM liable for the consequences of any such interruptions.
(2) Unless otherwise expressly agreed, bluetronixTM may perform services by skilled employees or mandated third parties.

 

4 Domain names
(1) If you register a domain name, bluetronixTM is only acting on your behalf. Terms and conditions of the respective domain registrar apply.
(2) bluetronixTM has no influence on domain allocation. bluetronixTM does not guarantee that the chosen domain name can be assigned and is free of rights of third parties nor will continue to exist on an ongoing basis. The same applies to sub-domains.
(3) If third parties claim legitimate rights on your domain name(s), bluetronixTM will inform you immediately. In this case bluetronixTM is authorised by you to deal with the respective domain name owner on your behalf. This may include returning the domain name to the third party where it is deemed they are the rightful owner. You therefore indemnify bluetronixTM from third party claims regarding the unauthorised use of the domain name. 

 

5 Your obligations
(1) You must not use your online-presence to infringe upon law, public policies, accepted principles of morality and rights of third parties (e.g. trademark rights, rights to a name, copyrights or data privacy laws). You MUST NOT choose domain names neither containing erotic or criminal content nor domain names promoting violence or extremism. If you breech these rules bluetronixTM is authorised to terminate all services with immediate effect.
(2) You are obliged to backup your website regularly.
(3) You are obliged to keep passwords secret.
(4) You commit to not misuse your access to bluetronixTM services or to contravene any law through actions such as hacking, spam or e-mail bombing, port scanning etc. If you break these rules bluetronixTM is authorised to block your website and delete all content. Claims in tort (ie. for damages) are reserved.
(5) You are to make sure your personal details are correct and complete. You are obliged to notify bluetronixTM when any information you provided as part of the agreement or domain name registration process changes. If bluetronixTM asks for confirmation of your personal details you are obliged to confirm it within a fortnight. This especially applies to your name, business or postal address and e-mail address.
(6) You are committed to check your stated e-mail address at regular intervals of no less than 4 weeks.         
(7) You are committed to check your monthly invoice for the bluetronixTM software and services online in your e-mail account. If you wish postal delivery of your invoices you are required to request this in writing. An additional fee of AUD 5.00 will be charged for each letter.
 
6 Excess of maximum traffic
(1) If the maximum traffic per month is reached your website will not be available until the end of the monthly billing period unless you pay for the excess traffic according to our current price list.
 
7 Termination
(1) If your agreement with Bluetronix has been made entirely online, you may terminate this agreement by notice in writing to bluetronixTM with two weeks notice to the end of any given month. Within this 2-week period, bluetronixTM will not refund any amounts or fees you have paid. On the other hand, bluetronixTM may terminate this agreement without giving reason subject to a term of 30 days to the end of the month. If the contract is cancelled within the first 3 months of operation an additional fee of AUD 24,99 will be charged for general administration and set-up costs.
(2) This termination period only applies to bluetronixTM web packages. For domain registration other cancellation periods may apply - please refer to the terms and conditions of your relevant domain registrars.
 
8 Prices and payment
(1) The fee for your web package will be charged monthly. Amounts below AUD 50.00 can be invoiced for 6 months in advance. All invoices are payable within 14 days of issue. You agree to a direct debit authorisation from your stated account. If you release a return debit note an additional fee of AUD 10.- will be charged. (Not the way we would say it).
(2) From time to time, bluetronixTM may offer special promotions or packages with different charges and features to those cited here. These offers do not negate the general terms and conditions listed here.
(3) If you are more than 30 days overdue with your payments bluetronixTM may suspend service without notice.
(4) BluetronixTM may adjust prices according to current market conditions. In the case of an increase in price you have the right of extraordinary cancellation of the contract. If you do not use your right of extraordinary cancellation (within two weeks of being notified of the price change) the contract will continue under the new conditions.
(5) BluetronixTM will not start a domain registration until the registration fee is credited.
 
9 Approval - reservation of title
(1) Some services (e.g. design and programming services) are subject to your approval. For design services you will receive two design variations and  may request up to 3 changes to the concept until the design is to your satisfaction. After „go-live“ no changes to the basic concept will be made without further charge. Once the contracted service is complete and made accessible by you, you have two weeks to request changes or approve the design. If two weeks elapse without feedback from you, the design will be deemed to have been approved. Any further changes after this period will be quoted and billed separately.
(2) All websites will be delivered with sample text on each page. You are responsible for inserting content, except where otherwise agreed. bluetronixTM is not responsible for editing or updating your website and is not obliged to complete work on your website unless contracted to do so.          
(3) All services are subject to reservation of title and shall remain the property of bluetronixTM until full payment if made of all claims. bluetronixTM may terminate services until the full amount owed is paid.

10 Licencing agreement - Intellectual property
(1) bluetronixTM grants you a limited, non-exclusive and non-transferable license to use the software. You are free to use the software on any computer.
(2) You acknowledge that bluetronixTM, as the licensor, holds all rights, title and interest in the bluetronixTM software and all intellectual property. You agree that no title or interest in such intellectual property rights is being transferred to you. You agree to make no claim of interest in any such services or software.
(3) All bluetronixTM website designs remain the copyright of bluetronixTM.
 
11 Rights of third parties
(1) You are committed to make sure the content of your website does not infringe directly enforceable law, especially copyright, rights of intellectual property, data privacy law, and competition laws.
(2) You are obliged to indemnify bluetronixTM from rights and interests of third parties resulting in unlawful content on your website or any other unlawful action on your behalf.
(3) You agree to indemnify and hold harmless bluetronixTM and its contractors or affiliates from any loss, damages, liability or expenses, including attorneys‘ fees resulting from any claims of third parties related to your use of the bluetronixTM software and your web package.
 
 
12 Warranties and Guarantees
(1) bluetronixTM advises that the current state of technology implies that it is not possible to protect hardware and software against illegal manipulation by third parties (ie. hacking). bluetronixTM makes no warranties that the hardware and software are error- and virus-free.
(2) BluetronixTM expressly disclaims all warranties of any kind of merchantability, and non-infringement. bluetronixTM makes no guaranties that the software fits your particular purposes and will meet your requirements. bluetronixTM does not guarantee that the service is uninterrupted, secure, timely or otherwise without failure.
(3) Indemnity claims following interrupted service of the server may be made up to the amount of the monthly web package fee in the case where bluetronixTM is responsible for the interruption. 
 
 
13 Disclaimer
Compensation is generally excluded for all disadvantages, damage or consequential loss, collateral damage, loss of profit or other financial losses.
 
14 Data privacy law
(1) bluetronixTM advises that your personal information will be stored as long as the agreement continues. You expressly agree with the storage of your personal particulars by Bluetronix. bluetronixTM will only use these details to maintain the business and will not give your information to third parties without your permission (excepting public authorities where law obliges us to do so) and the respective domain name registrar.
(2) When your bluetronixTM account is terminated (voluntarily or involuntarily) your personal details will be held in a ‘deactivated’ status. We will retain your personally identifiable information if necessary in order to resolve disputes, reactivate the account or enforce our agreements.
(3) bluetronixTM expressly advises that data privacy is not entirely guaranteed in open networks. You are required to ensure the safety of your own transferred information.
(4) The data transmission of your banking details and credit card information will use SSL (Secure Socket Layer) encryption. SSL encryption protects your personal particulars against unauthorised access and misuse. SSL encryption provides exceptional security for data transfer.
 
15 Credit cards and direct debit
(1) Your credit card statement will show the posting text www.bluetronix.org, +49-3774-869596.
(2) A copy of the transaction data is available via the link in your confirmation e-mail.
(3) Your credit card account will be charged directly after purchase. No account management fee will apply. Products will be delivered within 14 days.
 
16 Power of revocation
In the case an agreement is made solely using electronic communication systems you have the power to revoke the agreement with the following provisos: for revocation.
(1) You may withdraw from the agreement by written notice
· letter: Bluetronix, 6 Homestead Gardens, Edgewater WA 6027,
· Fax: 0061 8 9404 7212
· e-mail: info@bluetronix.com.au
without giving reasons subject to Section 7 of these Terms. The notice period commences when you receive access details for your web package. Again, some of this is already discussed in ‘Termination’).
(2) Your power of revocation expires earlier than 2 weeks if bluetronixTM has started its services before the end of the cancellation period.
(3) There is no power of revocation for domain name registration. Furthermore, there is no power of revocation for custom-built programming, in particular for template integration and web-design services. 
      
17 Applicable law, place of jurisdiction
(1) This agreement shall be governed by the laws of Australia. The parties irrevocably submit in all respects to the non-exclusive jurisdiction of the courts of Western Australia.
(2) The exclusive place of jurisdiction for all disputes arising out of the contractual relationship shall be Western Australia.
(3) The provider may sue you or your place of business if these Terms and Conditions are breached at any time.
 
18 Final provisions
(1) All legally relevant declarations may be sent and will be accepted via e-mail. This also applies to contract related invoicing.
(2) These terms and conditions are accepted with first access to the bluetronix server or with signing of a contract, whichever occurs first.
 
21 Severability
If one or several provisions of this agreement become invalid or not realisable or if this agreement should contain gaps, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid or not realisable provision(s) and fill the gap with valid provisions which come as close as possible to the original purpose.
 
Perth 05/12/2008