Terms and Conditions of Trade
APPLICATION
These terms and conditions are incorporated into any contract between Nude Creative Pty Ltd T/As iSeed Pty Ltd (thereinafter referred to as "Nude Creative Pty Ltd T/As iSeed" and/or "the agency") and the customer for the supply of goods and/or services by Nude Creative Pty Ltd T/As iSeed to the customer.
BASIS OF QUOTATION OR ESTIMATE
The quotation is valid for thirty days from the date shown upon it. If not accepted within this period it may be varied.
The quotation is based upon sighting the copy and specification to be supplied for the job. In the absence of copy or complete specifications in estimate only will be given. A firm quotation may be given on receipt of material for reproduction.
The quotation does not include any costs that may be incurred by Nude Creative Pty Ltd T/As iSeed for handling or storing property or material on behalf of the customer.
One standard digital proof for the purpose of visually assessing the specification and accuracy of the goods will be supplied to the customer at no additional charge; however, printed proofs may be charged at the commercial rate. Once approved by the customer it becomes acceptable standard for the total accuracy of the printed result.
Customer’s alterations/changes and/or corrections are at additional charge.
TERMS & CONDITIONS OF TRADING
1. ACCEPTANCE
The acceptance of the quote, the official customer order or a verbal instruction to proceed by the customer or his agent shall be deemed an acceptance of these terms and conditions of trading.
2. DELIVERY / COLLECTION
Unless otherwise agreed prior to commencement of the job, the quoted price does not include any charges for delivery and all delivery and/or courier costs will be an additional charge. Upon delivery of the goods to the customer, his agent or courier, the risk to the goods passes to the customer.
Unless agreed between Nude Creative Pty Ltd T/As iSeed and the customer in advance, the customer must collect the goods from the premises of Nude Creative Pty Ltd T/As iSeed within 48 hours of being advised that they are ready for collection.
3. PAYMENT
Ownership of the goods will not pass to the customer until payment has been made in full.
Payment will become due on delivery of the goods to the customer or his agent.
Where the customer has established an approved account facility with Nude Creative Pty Ltd T/As iSeed, the customer must pay the full amount as stated on the invoice by the due date stated.
Nude Creative Pty Ltd T/As iSeed may, in its absolute discretion, require prepayment in relation to work for new customers.
Should work be required to be delivered prior to the delivery date specified on the customer’s quote every effort will be made to ensure freedom from defect, but Nude Creative Pty Ltd T/As iSeed shall not be liable in any way for defects or deterioration in quality whether caused by the negligence of Nude Creative Pty Ltd T/As iSeed or otherwise.
4. CANCELLATIONS
In the event of an order being cancelled the customer will compensate Nude Creative Pty Ltd T/As iSeed for all services performed and materials specifically purchased or used up to the time of cancellation.
5. SUSPENSION OF WORK
The suspension of a work in progress for whatever reason will entitle Nude Creative Pty Ltd T/As iSeed to payment in full for that part of the work done and material used or specifically purchased up until the time of suspension.
6. CLAIMS
All claims must be made in writing to Nude Creative Pty Ltd T/As iSeed within seven (7) days of receipt of goods, beyond which no claims, excepting those imposed by statute and which cannot be excluded, restricted or modified, can be considered.
In the event that material for reproduction is not received from customer on the date agreed, Nude Creative Pty Ltd T/As iSeed reserves the right to extend the requested delivery time.
7. SUITABILITY
Where goods are provided or services are performed in accordance with the customer’s order, no warranty except those provided by statute and which cannot be excluded, is given or will be given that the goods or work are suitable in size, shape, capacity, quality or otherwise for the purpose for which they are bought.
If a proof of the material is made available or offered to be made available to the customer by Nude Creative Pty Ltd T/As iSeed for approval or correction prior to its delivery to a client, printer, newspaper, publisher or any other designation and the customer fails to give such approval, make corrections or accept the offer made prior to the time stipulated for delivery, then the customer shall be liable for any direct or consequential loss sustained due to the error.
8. BREACH OF CONTRACT
Nude Creative Pty Ltd T/As iSeed shall be entitled to terminate work in the event of any breach by the customer or his agent of any item contained herein or otherwise forming part of this contract or the customer of his agent being unable to pay his debts, or committing an act of bankruptcy, entering into liquidation or a scheme of arrangement with his creditors, being placed in Receivership or under Official Management, or under any Debenture or Charge issued or granted by it, or an inspector being appointed by any other entity under the provision of the Companies Act or Ordinance in force in the State or Territory, compensation for costs incurred and loss of profit up to the termination of work shall be the responsibility of the customer or his agent.
9. COLLECTION OF DEBT
Should full payment not be received from the customer within the necessary and agreed time frame, Nude Creative Pty Ltd T/As iSeed may pass on the full cost of any recovery cost procedures, including but not limited to legal fees, court costs, filing fees and bailiff costs to the customer.
10. FORCE MAJEUR
Nude Creative Pty Ltd T/As iSeed has no liability to the customer in relation to any loss, damage or expense caused by the failure to complete the Order or to deliver the goods through causes outside or beyond its control including but not limited to fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war or the inability of its normal suppliers to supply necessary materials.
11. LIMITATIONS ON LIABILITY
Except to the extent that the customer has the benefit of any non excludable statutory rights, whether as a consumer or otherwise, Nude Creative Pty Ltd T/As iSeed shall not be liable for any loss whatsoever caused to the customer by any act or default of the printer, its servants or agents, whether or not such act or default is negligent or willful or otherwise actionable in tort or whether or not such act or default constitutes a breach of any contractual duty owned to the customer by Nude Creative Pty Ltd T/As iSeed.
Without limiting the generality of the foregoing, Nude Creative Pty Ltd T/As iSeed will not be liable (except to the extent of any liability imposed by statute and which liability and which liability cannot as a matter of law be excluded by agreement between the parties) for any loss or damage whatsoever arising from: -
The supply by Nude Creative Pty Ltd T/As iSeed in accordance with the customer’s order.
Any such failure, alteration or supply shall not (except to the extent that by stature a defence is given which cannot as a matter of law be excluded by agreement between the parties) constitute any defence to any claim made by the printer for payment in respect of any work carried out by the agency.
Where the customer suffers any loss or damage of any kind as a result of the act or default of the agency, Nude Creative Pty Ltd T/As iSeed shall at its option: -
replace the goods and supply equivalent goods
repair the goods
pay the cost of replacing the goods or of acquiring equivalent goods
pay the cost of having the goods repaired
Should work be required to be delivered prior to the date specified on the customer’s quote every effort will be made to secure freedom from defect but Nude Creative Pty Ltd T/As iSeed shall not be liable in any way for any defect or deterioration in quality whether caused by the negligence of or breach of contractual obligation by the printer, the servant or agents or otherwise howsoever.
Nude Creative Pty Ltd T/As iSeed will not be liable for any reasonable variations in colour between colour proofs and the completed job. Because of the difference in
the equipment and conditions between colour proofing and printroom operations, a reasonable variation in such colour shall constitute an acceptable delivery.
Although Nude Creative Pty Ltd T/As iSeed will take reasonable steps to ensure the material supplied to a client, newspaper, publisher or printer is within acceptable trade standards and specifications, failure or inability of the client, newspaper, publisher or printer to reproduce the material to the expectation of the customer is in no way the responsibility of Nude Creative Pty Ltd T/As iSeed should the client, newspaper, publisher or printer so fail to produce the material for whatever reason, including negligence of Nude Creative Pty Ltd T/As iSeed, no liability shall accrue to the printer.
12. LIEN
In respect to all unpaid debts due to Nude Creative Pty Ltd T/As iSeed from the customer Nude Creative Pty Ltd T/As iSeed shall have a lien on all goods and property in the possession of the customer to the extent that this allowed by law. Nude Creative Pty Ltd T/As iSeed shall have the right of disposal of these goods subject to the provisions of any State Act or Territory Ordinance provided he has complied with that Act or Ordinance. The customer specifically authorises Nude Creative Pty Ltd T/As iSeed to enter its premises for the purpose of uplifting any goods, which remain its property pursuant to Clause 3.
13. COPYRIGHT
Where the customer orders the reproduction of any drawing, photograph or any other work which may properly form the matter of copyright protection the customer warrants that he has acquired all legal rights in the works he requires to be reproduced and undertakes to indemnify Nude Creative Pty Ltd T/As iSeed in respect of any liability for copyright infringement consequence upon such reproduction.
14. QUANTITY VARIATION
The agency shall be deemed to have fulfilled its contract by delivery of a quantity within plus or minus 10% of the quantity specified and the buyer shall pay at contract rate for the actual quantity delivered.
15. OWNERSHIP
The original designs of Nude Creative Pty Ltd T/As iSeed remain its exclusive property and may only be reproduced with its consent.
Sketches and dummies presented by Nude Creative Pty Ltd T/As iSeed shall remain the property of the agency.
All working material used in the manufacture of the final product supplied to the customer shall remain the property of Nude Creative Pty Ltd T/As iSeed.
Any usage of music incorporated in all multimedia productions such as websites and/or videos remain the property of Nude Creative Pty Ltd T/As iSeed, unless otherwise agreed upon between the customer and Nude Creative Pty Ltd T/As iSeed in writing. Should the client discontinue using Nude Creative Pty Ltd T/As iSeed for its website hosting, Nude Creative Pty Ltd T/As iSeed will only provide the PDF pages to the customer, and the music and other material utilised and produced, remain the property of Nude Creative Pty Ltd T/As iSeed.
16. DISC AND FILE STORAGE
Unless otherwise agreed between the customer and Nude Creative Pty Ltd T/As iSeed in writing prior to origination, the customer shall have no right to title of the material stored on any type of disc or magnetic tape or any other form of storage. Unless otherwise instructed by the customer Nude Creative Pty Ltd T/As iSeed will assume that any electronic storage material is a duplicate of the original material.
17. SAVING
Notwithstanding that Nude Creative Pty Ltd T/As iSeed and the customer might agree in respect of any particular transaction whether expressly or by implication to waive one or more of the above terms and conditions such agreement shall not in any way release the customer or Nude Creative Pty Ltd T/As iSeed from any other obligation or requirements set out herein unless such other obligation or requirement is consistent with the waiving of the term or terms.
18. INTEREST
Interest of 15% will be charged on all outstanding accounts over 60 days unless alternative arrangement has been agreed to prior.
19. RUSH WORK
Involving an interruption to the normal production of Nude Creative Pty Ltd T/As iSeed may incur an additional charge.
20. WORK OUTSIDE NORMAL HOURS
Work required to be performed outside normal working hours may carry an additional charge.
21. DEFINITIONS
‘Goods’ means the final product supplied by Nude Creative Pty Ltd T/As iSeed and in now way refers to any further process or processes.
Website Hosting Terms and Conditions
These terms and conditions constitute an agreement
BETWEEN:
Nude Creative Pty Ltd T/As iSeed Pty Ltd (‘CompuTech’) and the client (‘Client’).
WHEREAS:
Nude Creative Pty Ltd T/As iSeed is a reseller of website hosting services offering these facilities to clients, and has access to all appropriate hardware connected to the World Wide Web via the internet.
The Client wishes to use Nude Creative Pty Ltd T/As iSeed’s Service to host its website on the Hosting Hardware made available to Nude Creative Pty Ltd T/As iSeed under these terms and conditions.
IT IS AGREED as follows:
1. Definitions and Interpretation
Under these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Account" means the details of the Client that are required and held by Nude Creative Pty Ltd T/As iSeed to facilitate the provision of the Service to the Client including, but not limited to, identification and location details, payment details, username and password, and details of the Service provided to the Client;
"Business Day" means a day (that is not a Saturday or Sunday) on which banks are open for business in QLD;
"Client Website" means the website that Nude Creative Pty Ltd T/As iSeed is hosting for the Client and refers to all parts of that website including, but not limited to, component files and related services such as email;
"Fee" means the sum payable by the Client to Nude Creative Pty Ltd T/As iSeed in order to make use of Nude Creative Pty Ltd T/As iSeed’s Service; "Hosting Hardware" means all computer and networking equipment made available to Nude Creative Pty Ltd T/As iSeed in the provision of the Service including, but not limited to, servers and network infrastructure;
"Hosting Package(s)" means the Service package(s) described on Nude Creative Pty Ltd T/As iSeed’s website;
"Hosting Software" means all software made available to Nude Creative Pty Ltd T/As iSeed in the provision of the Service;
"Order" means an order placed by the Client with Nude Creative Pty Ltd T/As iSeed for the provision of the Service, which shall contain details of the Client’s Hosting Package(s); and
"Service" means the collective components of Nude Creative Pty Ltd T/As iSeed’s website hosting Service which includes, but is not limited to, the provision of bandwidth, website storage, software, and email accounts, in combination with the Hosting Package(s) and can refer either to those components as a whole or to specific parts as the context may require.
The clause headings used under these Terms and Conditions are used for convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions.
2. Service
Once the Client’s Order has been placed and processed, Nude Creative Pty Ltd T/As iSeed will use its best and reasonable endeavours to commence provision of the Service as soon as reasonably possible, typically within two business days. In any event, the provision of the Service will commence no later than 15 Business Days after completion of the Order.
In the event that the provision of the Service is delayed by more than 15 Business Days from completion of the Order, Nude Creative Pty Ltd T/As iSeed will contact the Client, giving the Client the option of waiting for a further 15 Business Days or cancelling the Order and receiving a full refund of any Fees paid for Hosting, but not in respect of any fees made for payment of Domain Name registration (the Domain Name, once purchased, shall remain under the ownership of the Client). In the event of further delay, the process in this sub-clause 2.2 shall be repeated.
Nude Creative Pty Ltd T/As iSeed is under no obligation to provide any Service that is not set out in the Hosting Package(s).
Nude Creative Pty Ltd T/As iSeed may, at its sole discretion, alter, improve or otherwise modify the Service provided that any such change will not significantly alter the provision of the Service to the Client or result in the removal of any features or services that form part of the Hosting Package(s). In the event of any planned changes requiring the Client to make any changes on their part, the Client will be notified by email, by using the email address that Nude Creative Pty Ltd T/As iSeed has on record, no later than 15 Business Days in advance of such planned changes and will receive full documentation of any action required on their part. No alterations to the Service shall affect the Fees payable by the Client.
Notwithstanding the provisions of sub-clause 2.4, Nude Creative Pty Ltd T/As iSeed may take any action necessary to address any problems with the Service without any prior notice to the Client. If such faults or remedial action results in an interruption to the provision of the Service, Nude Creative Pty Ltd T/As iSeed will use its best and reasonable endeavours to inform the Client by email, by using the email address that Nude Creative Pty Ltd T/As iSeed has on record, in accordance with the provisions of clause 3 of these Terms and Conditions.
3. Availability of Service
Nude Creative Pty Ltd T/As iSeed will use its best and reasonable endeavours to ensure that the Service is provided to the Client on a constant, uninterrupted basis throughout these Terms and Conditions.
Notwithstanding sub-clause 3.1, Nude Creative Pty Ltd T/As iSeed shall not be liable to notify the Client about Hosting Hardware or software downtime or interruptions to the provision of the Service where such downtime or interruptions last for no more than 48 hours.
Where the Service is unavailable for more than 48 hours, Nude Creative Pty Ltd T/As iSeed will use its best and reasonable endeavours to contact the Client by email, by using the email address that Nude Creative Pty Ltd T/As iSeed has on record, and provide reasons for the interruption or, where this is not possible due to an undiagnosed problem, state that the problem is undiagnosed but is being investigated.
Where the provision of the Service is interrupted through the fault of any third party, Nude Creative Pty Ltd T/As iSeed shall bear no responsibility or liability whatsoever.
4. Fees and Payment
Fees for the Hosting Package(s) offered by Nude Creative Pty Ltd T/As iSeed are published on Nude Creative Pty Ltd T/As iSeed’s website. All charges payable by the Client shall be in accordance with the information published.
The Client is required to pay all fees due in advance of a 12 month period of Service provision.
For the first 12 months of Service provision, payment of fees due shall form part of the Order process. For all subsequent 12 month periods of Service provision the Client will be sent an invoice and renewal notice not less than 30 days before the 12 month period is due to expire. Payment must be made within that 30 day period in order for provision of the Service to continue without interruption.
Nude Creative Pty Ltd T/As iSeed may at any time change the price of its Hosting Package(s). However, the Client will not be subject to any additional charges or refunds during the 12 month period of Service provision in which the changes were made; any change in fees will be reflected in subsequent renewals of Service provision. Nude Creative Pty Ltd T/As iSeed reserves the right to continue charging old fees for renewals where the new fee is higher.
The Client may, at any time, change their Hosting Package, if other Hosting Packages are being offered by CompuTech. If the Client chooses to move to a higher-priced Hosting Package, then Nude Creative Pty Ltd T/As iSeed will invoice for the difference in price for the remaining months of the current 12 month period of Service provision and will continue to invoice at the higher price for all subsequent 12 month periods of Service provision; if the Client chooses to move to a lower priced Hosting Package, then Nude Creative Pty Ltd T/As iSeed will not refund monies for the difference in price for the remaining months of the current 12 month period of Service provision, but will invoice at the end of the current 12 month period of Service provision with the lower price for all subsequent 12 month periods of Service provision.
Where Nude Creative Pty Ltd T/As iSeed offers ‘free upgrade to more capacity, upon request’ on any of its Hosting Packages, the granting of this free upgrade shall be at the sole discretion of Nude Creative Pty Ltd T/As iSeed.
All fees payable by the Client to Nude Creative Pty Ltd T/As iSeed shall be paid in full, without set off or deduction. Nude Creative Pty Ltd T/As iSeed reserves the right to suspend the Service or cancel the Client’s Order if fees are not paid on or before the due date.
5. Changes to these Terms and Conditions
Nude Creative Pty Ltd T/As iSeed reserves the right to change these Terms and Conditions and all other terms and conditions and policies which may affect Clients in order to comply with changes in the law.
The Client will be informed, by an email sent to the email address that Nude Creative Pty Ltd T/As iSeed has on record, of any significant changes and shall be deemed to be bound by them 1 calendar month after receiving the notice.
If the Client does not agree to be bound by the changes they may terminate their Hosting Package in accordance with Clause 12.
6. Client Undertakings and Obligations
The Client may not use the Hosting Service providing by Nude Creative Pty Ltd T/As iSeed for any unlawful or otherwise inappropriate purposes. This includes, but is not limited to:
Distribution of viruses, spyware, malware, or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;
Distribution of pirated material including, but not limited to software, movies, music and written works; and
Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.
The Client may not use their website to link to any other sites or systems hosting any material described in sub-clause 6.1.
The Client will monitor and supervise any and all third party activity on their website (including communications systems such as forums). Any third party activity that may fall within the provisions of sub-clause 6.1 must be stopped or removed, as appropriate.
The Client must ensure that any and all activity conducted through the Client’s Website in relation to the collection of personal information complies with the provisions of the Data Protection Act 1998.
The Client must ensure that any and all activity conducted through the Client’s Website in relation to selling complies with the provisions of the Distance Selling Regulations 2000.
The Client is responsible and accountable for all activity relating to their website and the Service that is carried out by third parties on their behalf.
The Client will use its best and reasonable endeavours to supply all information required to facilitate the provision of the Service to Nude Creative Pty Ltd T/As iSeed in a timely fashion.
It is the responsibility of the Client to insure that Client data, component files or other material stored as part of the Hosting Package are backed up as necessary.
It is the responsibility of the Client for the configuration/reconfiguration of Client hardware and/or software for the purpose of using the Hosting Package(s).
7. Intellectual Property and Proprietary Rights
The Client will not acquire ownership rights over any of Nude Creative Pty Ltd T/As iSeed’s Intellectual Property in or in relation to the Service or in relation to any other property owned by CompuTech.
Nude Creative Pty Ltd T/As iSeed will not acquire ownership rights over any of the Client’s Intellectual Property in the Client’s Website or any other material belonging to the Client.
The Client agrees to fully indemnify Nude Creative Pty Ltd T/As iSeed against all costs, expenses, liabilities, losses, damages, claims and judgments that Nude Creative Pty Ltd T/As iSeed may incur or be subject to as a result of the infringement of any Intellectual Property infringement owned by third parties arising from:
The Client’s failure to obtain the necessary rights and permissions from third parties in order to enable Nude Creative Pty Ltd T/As iSeed to legally provide the Service;
The provision of the Service by Nude Creative Pty Ltd T/As iSeed based upon information and material provided by the Client.
8. Liability
Subject to Clause 3 and sub-clauses 8.2 and 8.3 Nude Creative Pty Ltd T/As iSeed shall not be liable to the Client or to third parties for:
Any losses resulting from interruptions or downtime to the Service;
Any inability on the part of the Client to use the Service including, but not limited to, inability to configure/reconfigure Client hardware and/or software for the purposes of using the Service;
Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet;
Any damage or loss resulting from the loss or corruption of any Client data, component files or other material stored as part of the Hosting Package (it is the responsibility of the Client to insure that backups of such data, component files or material are made as necessary).
Nothing in this Clause shall exclude the liability of Nude Creative Pty Ltd T/As iSeed for death or personal injury resulting from Nude Creative Pty Ltd T/As iSeed’s negligence or that of its employees or agents.
Nothing in this Clause or in these Terms and Conditions shall exclude the liability of Nude Creative Pty Ltd T/As iSeed for fraudulent misrepresentation.
9. Warranty Disclaimer
Subject to the provisions of these Terms and Conditions, Nude Creative Pty Ltd T/As iSeed gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.
10. Indemnity
The Client will fully indemnify Nude Creative Pty Ltd T/As iSeed against all costs, expenses, liabilities, losses, damages and judgments that Nude Creative Pty Ltd T/As iSeed may incur or be subject to as a result of any of the following:
The Client’s misuse of the Service;
The Client’s breach of these Terms and Conditions;
The Client’s negligence or other act of default;
The Activities of third parties conducted on the Client’s website using facilities such as blogs, forums and chat.
11. Force Majeure
Neither Nude Creative Pty Ltd T/As iSeed nor the Client shall be liable for breaching these Terms and Conditions where that breach results from Force Majeure.
Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; acts of terrorism; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.
12. Term and Termination
The initial period of Service provision will commence on the date that the Hosting Package(s) facilities are made available to the Client. This term shall last for a period of 12 months, subject to the termination provisions below and to the cancelling and refund provisions of sub-clause 2.2 of these Terms and Conditions.
Subsequent periods of Service Provision shall last for a period of 12 months each and will follow on from a previous period, without interruption, subject to the fulfilment of the Client’s payment obligations under Clause 4 of these Terms and Conditions. All subsequent periods are subject to the termination provisions below.
Nude Creative Pty Ltd T/As iSeed reserves the right to terminate the Client’s Hosting subscription or to suspend the Service in the following circumstances:
If the Client fails to pay fees due under Clause 4 of these Terms and Conditions;
If the Client is in breach of these Terms and Conditions;
If the Client becomes the subject of a voluntary arrangement under Section 1 of the Insolvency Act 1986;
If the Client is unable to pay its debts within the definition of Section 123 of the Insolvency Act 1986; or
If the Client has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administration order.
The Client may request the termination of the Service and these Terms and Conditions by written notice in the form of an email (or letter), 1 month in advance, supplying their account details, e.g., username, password, account name, etc. (Nude Creative Pty Ltd T/As iSeed will follow this email up to check its validity). The following shall apply to such situations;
12.4.1 If the Client wishes to terminate during the course of a 12 month period of Service provision the Service will end 1 month after Nude Creative Pty Ltd T/As iSeed receives the Client’s written notice. The issuing of refunds for the Hosting Service is at the sole discretion of Nude Creative Pty Ltd T/As iSeed;
12.4.2 In any event, refunds will not be made to the Client in respect of the purchasing of any Domain Name(s) associated with the Hosting Package(s) (the Domain Name shall remain under the ownership of the Client).
On termination of the Service and these Terms and Conditions, Nude Creative Pty Ltd T/As iSeed will remove the Client’s Website and all related material from the Hosting Hardware, and will not be held responsible for any loss or damage due to the removal of such material.
13. Assignment
Nude Creative Pty Ltd T/As iSeed reserves the right to assign or otherwise transfer any rights or obligations under these Terms and Conditions.
The Client may not assign or transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of Nude Creative Pty Ltd T/As iSeed.
14. Severance
In the event that any provision of these Terms and Conditions are found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. The waiver by either party of any provision of these Terms and Conditions will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.
15. Law and Jurisdiction
These Terms and Conditions are governed by the laws of QLD and Australia. Any dispute relating to these Terms and Conditions shall fall within that jurisdiction.