Our Cyber Security Plans have you Covered!

Sleep Easy with our plans designed to safeguard your business against the latest cyber threats.

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Risk management with professional support!

KEEP YOUR
WEBSITE SECURED

MANDATORY SOFTWARE UPDATES

WEBSITE
IMPROVEMENTS

KEEP YOUR WEBSITE SECURED

30,000 websites get hacked daily around the world. Don’t let this happen to yours.

With NetStripes’ Support Plan, your website will be ensured ultimate security from hacking, malware and other malicious activity. Providing your online business with regular backups will help restore your website so even when compromised, you won’t lose everything.

Regular backups will help you recover from:

  • Hacking attacks
  • Data corruption
  • Server Failure (including the 8 hours of failure that is not guaranteed by hosting companies)

Protect your business, brand & yourself. Request your NetStripes Support Plan now!

Get on board

GET YOUR MANDATORY SOFTWARE UPDATES

All software is regularly updated.

This is important for improving reliability and bug fixes, adding features and functionality but also to protect against ever increasing hacking attacks.

It is essential whenever there is an update released for WordPress (the software platform that your website is built on) that your website is updated to run on the new version of WordPress.

Get on board

INNOVATIONS AND IMPROVEMENTS TO YOUR WEBSITE

When your business grows, so does your website.

An updated website is an asset to any business, and we want to help make sure your website stays up to date with the least amount of effort on your part.

In addition, if you have any new innovations that you want to add to your website, we’ll help you implement them with our highly personalized level of service! All you have to do is send us an email with your requirements and our expert developers will ensure it is completed on time to your satisfaction.

Get on board

WHAT’S INCLUDED?

Content updates

You provide the content, we’ll do the rest!

Adding new features

Need an upgrade? Payment Gateways, Booking system, Live chat etc

Bug fixing caused by third party plugins

We resolve third party issues fast.

Maintenance tasks

SSL updates, WordPress version and plugin updates

Technical advice

Guaranteed the best solutions and workarounds in the market.

CHOOSE THE BEST SUPPORT PLAN FOR YOUR BUSINESS

Survival Plan

499/ 6 months

Additional hours AUD 99/hr

excl GST

Need us to maintain the basics of running a website for you?

This package will suit your Solopreneur website to get your security basics correct.

ESSENTIAL SUPPORT

Basic essentials for your business

1 hour of support services

One time complete backup(5 Gb)

4 hr response Time

Priority Plan

1399 / 6 Months

Additional hours AUD 90/hr

excl GST

Need to take a break from technical issues and focus more on your business?

This package will suit you well to get you geared up and maintain your website.

PRIORITY SUPPORT

We treat you with priority

3 Hours of support services

Weekly backups up to 3 weeks (5 Gb)

2 hr response Time

VIP Plan

1949 /6 MONTHS

Additional hours AUD 75/hr

excl GST

Giving serious business owners all the technical support they need.

This package will suit you well if you need the experts to look after your website.

VIP Support

Hourly support based on the duration

5 Hours of support services

Weekly backups up to 5 weeks (10 Gb)

1 hr response Time

*All prices are subject to GST at applicable rates and are in Australian dollars. (GST is applicable to Australian customers only).

*Payments are via direct debit and will be made monthly over a 6 month period.

*The success of plans is dependent on extensive cooperation by customers.

JUST A FEW OF THE REASONS TO CHOOSE US

  • Personalised service tailor-fit to your needs
  • Quality and service you can rely on
  • Responsiveness
  • Expert advice
Get on board

ONE-OFF SUPPORT FOR YOUR QUICK FIXES

If you only want a quick fix without the security and backups, these support packs are just the thing you want.

These support packs will help you to get you started and resolve your immediate issues. We will be covering all basic technical support activities under support packs.

2 hours pack

AUD 290 excl GST

Get on board

8 hours packs

AUD 960 excl GST

Get on board

15 hours pack

AUD 1500 excl GST

Get on board

25 hours pack

AUD 2250 excl GST

Get on board

INTEGRATIONS TO SPUR YOUR GROWTH

Find the specialised software that’s right for your business. Choose from inventory management, invoicing, time tracking and more.













Frequently Asked Questions

Why do I need Support Pack?

Answer here

Is hacking really a threat to me?

Answer here

Do I really need to be worried about server crash?

Answer here

Why do I need to update my WordPress version?

Answer here

Which software need constant updating and why?

Answer here

What is an SSL Certificate? Do I need it on my website?

Answer here

Standard Terms & Conditions

  • Application
    1.1. These Terms and Conditions shall apply to the provision of IT Services by the Provider to the Customer.
    1.2. In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by the Provider in writing.
  • Definitions and Interpretation
    2.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “AGREEMENT” means the agreement including without limitation the IT Service Agreement entered into by the Customer and the Provider to which these Terms and Conditions apply;
    “BUSINESS DAY” means, any day (other than Saturday and Sunday) on which ordinary banks are open for business in NSW, Australia, during 9.00a.m – 6.00p.m, Australian Eastern Standard Time.;
    “COMMENCEMENT DATE” means the commencement date for the Services and these Terms and Conditions as set out in the Agreement;
    “CUSTOMER” means the customer as detailed in the Agreement;
    “PROVIDER” means Nexgroup (Pty) Ltd trading as NetStripes, a company registered in NSW, Australia under business registration number (ABN) 66 110 820 552, the registered address being 55, Pyrmont Bridge Road, Pyrmont, Australia, 2009;
    “SERVICES” means the services to be provided by the Provider to the Customer as set out in the Agreement;
    “SOFTWARE” means any and all programs, applications, instructions or similar that may from time to time be installed on the Customer’s Website;
    “WEBSITE” means a collection of related network web resources, such as web pages, multimedia content, which are typically identified with a common domain name, and published on at least one web server; and
    2.2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
    2.2.1. “WRITING”, and any cognate expression, includes a reference to any communication effected by electronic or similar means;
    2.2.2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    2.2.3. “THESE TERMS AND CONDITIONS” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
    2.2.4. a Schedule is a schedule to these Terms and Conditions; and
    2.2.5. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
    2.2.6. a "PARTY" or the "PARTIES" refer to the parties to these Terms and Conditions.
    2.3. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
    2.4. Words imparting the singular number shall include the plural and vice versa.
    2.5. References to any gender shall include the other gender.
  • Provider’s Obligations
    3.1. With effect from the Commencement Date the Provider shall, in consideration of the Fees being paid in accordance with the terms of payment, provide the Services expressly identified in the Agreement, or otherwise prior agreed in writing by a director of the Provider and in accordance with these Terms and Conditions.
    3.2. The Provider will use reasonable care and skill to perform the Services identified in the Agreement or otherwise prior agreed in writing by a director of the Provider and in accordance with these Terms and Conditions.
    3.3. The Provider will, subject to Clause 4, use reasonable endeavours to maintain the functionality of any Software which may be installed or otherwise operative on the Website and undertakes to update and/ or re-install any Software which may have been corrupted or otherwise made unavailable due to server failure and to render such technical assistance as may be necessary to secure the satisfactory operation of the Website and Software.
    3.4. Upon receipt of the Customer’s request for support or rectification of a defect, the Provider shall (subject to its then current commitments) normally begin work on such support or defect as per the agreement. Such response times are calculated and apply during Working Hours. The provider may without obligation respond within shorter times than those set out herein in the case of a situation deemed to be an emergency by the Provider. The provision of Services outside of the Working Hours is at the sole discretion of the Provider. All response times apply strictly to existing customers who have entered into an Agreement containing no less than a 90 day term.
    3.5. The Provider will not guarantee the performance of any Software which the Provider has undertaken to re-install under sub-Clause 3.3.
    3.6. The Provider shall use all reasonable endeavours to complete its obligations under the Agreement. The Parties agree that time will not be of the essence in the performance of these obligations.
  • Customer’s Obligations
    4.1. The Customer shall:
    4.1.1. allow the Provider access to the Website and all relevant Software for investigation purposes;
    4.2. provide adequate working access and facilities for the Provider’s staff; and
    4.3. co-operate with them in the diagnosis of any defect or malfunction in the Website or Software.
    4.4. The Customer shall allow the Provider the use of any computer systems, server systems or other software necessary to enable it to provide the Services and shall be responsible for procuring, installing and maintaining all communications media not supplied by the Provider.
    4.5. The Customer will not allow any changes or modifications to the Software to be made by any party other than those authorised by the Provider. If such changes or modifications are carried out without authorisation or appropriate notification, the Provider reserves the right to review these Terms and Conditions and make adjustments accordingly.
    4.6. The Customer will make freely available to the Provider all documentation associated with the Website, working documents, original Software installation media, current data backups and any other relevant information for the efficient maintenance of the Website and the Software.
    4.7. The Customer shall create regular data backups in such a manner as to minimise any potential data loss and to ensure that these are made available to the Provider as required.
    4.8. The Customer shall notify the Provider within 7 days of delivery if they are requesting a refund, refunds are not guaranteed and will be considered on a case by case basis.
  • Price
    5.1. The Customer agrees to pay the Fees in accordance with Clause 6 and the Agreement.
    5.2. The Provider shall be entitled to recover from the Customer his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services.
    5.3. The Customer shall pay the Provider for any additional services provided by the Provider that are not specified in the Agreement in accordance with the Provider's hourly rate in effect at the time of the performance or such other rate as may be agreed. Any such charge for additional services shall be invoiced separately from any Fees due under the Agreement.
    5.4. All sums payable pursuant to these Terms and Conditions are exclusive of any Goods and Services Tax (GST) or other tax or other taxes on profit, for which that Party shall be additionally liable.
  • Payment
    6.1. All payments for Services provided under the Agreement shall be paid by the Customer monthly in advance without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
    6.2. Where payments due are not included in the monthly payment in accordance with Clause 6.1 above then such payments shall be made by the Customer within 30 days of the date of the relevant invoice, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
    6.3. Payments shall be made by direct debit or as otherwise directed by the Provider in the invoice.
    6.4. The time of payment shall be of the essence of these Terms and Conditions and the Agreement. If the Customer fails to make any payment on the due date in respect of any sum due under these Terms and Conditions, then the Provider shall have the right to charge the Customer interest on any sum outstanding at the rate of 4% above the base rate of the current market rate from the due date for payment until the date on which the payment is received.
  • Variation and Amendments
    7.1. If the Customer wishes to vary any details of the services in the Agreement, it must notify the Provider in writing as soon as is reasonably possible. The Provider shall use all reasonable endeavours to make any required changes and any additional costs thereby incurred shall be separately invoiced to the Customer.
    7.2. If, due to circumstances beyond the Provider’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Customer forthwith. The Provider shall endeavour to keep such changes to a minimum and shall seek to offer the Customer arrangements as close to the original arrangements as is reasonably possible in the circumstances.
  • Termination
    8.1. The Provider may terminate the Agreement forthwith if:
    8.1.1. the Customer is in breach of any of its obligations hereunder;
    8.1.2. the Customer has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
    8.1.3. the Customer has become bankrupt or shall be deemed unable to pay its debts by virtue of Section ??? of the Insolvency Act ????;
    8.1.4. the Customer ceases or threatens to cease to carry on business; or
    8.1.5. any circumstances whatsoever beyond the reasonable control of the Provider necessitate and justify the Termination of the Services.
    8.2. In the event of Termination under clause 8.1 the Provider shall retain any sums already paid to by the Customer without prejudice to any other rights may have whether at law or otherwise.
    8.3. The Customer may terminate the Agreement by providing the Provider with 30 days’ notice in writing.
  • Liability
    9.1. The Customer shall indemnify the Provider against all damages, costs, claims and expenses suffered by the Provider arising from loss or damage (including that of third parties) caused by the Customer, or its agents or employees.
    9.2. Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.
    9.3. The Provider shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Provider's obligations if the delay or failure was due to any cause beyond the Provider's reasonable control.
    9.4. The Provider shall not be liable – whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss suffered by the Customer in the form of lost revenue or profit or failure to achieve any benefit expected to be derived from the Agreement, loss of use of any asset, loss of data recorded on any computer or other equipment, loss which is not the direct and immediate consequence of the breach, business interruption or management time, or any other loss which is otherwise indirect, commercial, economic, special or consequential.
    9.5. The Customer acknowledges and accepts that the Provider shall not be liable for:
    9.5.1. Any failure by the Provider to restore any back-up systems;
    9.5.2. Any virus or other malware suffered by the Customer.
    9.6. The Customer acknowledges and accepts that the Provider cannot guarantee 100% monitoring of its servers.
    9.7. The total liability of the Provider – whether in contract, tort (including negligence), breach of statutory duty or otherwise – for any and all breaches and/or non-performance of its obligations or liability under this Agreement shall be limited to AUD1000 or the total Fees payable by the Client, whichever is the lesser sum.
    9.8. Where the Provider enters into an agreement with a third party to supply services to the Customer or where the Customer engages a third party to provide services to the Customer such third parties warrant that they have all necessary professional indemnity insurance cover with respect to the work undertaken by such third parties. Such third parties shall provide proof of their professional indemnity insurance when so asked to by the Provider and/or Customer.
    9.9. Nothing in these Terms and Conditions or the Agreement shall limit or exclude the Provider’s liability for death or personal injury or any other liability which cannot be excluded by law.
  • Confidentiality
    10.1. The following obligations shall apply to the Party disclosing Confidential Information ('the Disclosing Party') to the other Party ('the Receiving Party').
    10.2. Subject to sub-Clause 10.3, the Receiving Party:
    10.2.1. may not use any Confidential Information for any purpose other than the performance of his obligations under these Terms and Conditions;
    10.2.2. may not disclose any Confidential Information to any person except with the prior written consent of the Disclosing Party; and
    10.2.3. shall make every effort to prevent the use or disclosure of the Confidential Information
    10.3. The obligations of confidence referred to in the provisions of this Clause shall not apply to any Confidential Information that:
    10.3.1. is in the possession of and is at the free disposal of the Receiving Party or is published or is otherwise in the public domain before its receipt by the Receiving Party;
    10.3.2. is or becomes publicly available on a non-confidential basis through no fault of the Receiving Party;
    10.3.3. is required to be disclosed by any applicable law or regulation;
    10.3.4. is received in good faith by the Receiving Party from a third party who, on reasonable enquiry by the Receiving Party claims to have no obligations of confidence to the other Party to these Terms and Conditions in respect of it and who imposes no obligations of confidence upon the Receiving Party.
    10.4. Without prejudice to any other rights or remedies the Disclosing Party may have, the Receiving Party acknowledges and agrees that in the event of breach of this clause the Disclosing Party shall, without proof of special damage, be entitled to an injunction or other equitable remedy for any threatened or actual breach of the provisions of this clause in addition to any damages or other remedies to which he may be entitled.
    10.5. The obligations of the Parties under the provisions of this clause shall survive the expiry or the termination of the Agreement for whatever reason.
  • Sub-Contracting and Assignment
    11.1. The Provider may sub-contract to third parties all or any part of the work to be performed hereunder.
    11.2. The Customer shall not assign to a third party any or all of its rights or obligations under these Terms and Conditions without the prior written consent of the Provider.
  • Force Majeure
    Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
  • Waiver
    13.1. No waiver by the Provider of any breach of these Terms and Conditions and/or the Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions and/or clause(s) of et Agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which any waiver is given.
    13.2. No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of any other right, power or privilege.
  • Severance
    If any provision of these Terms and Conditions and/or clause(s) of eth Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and/or the Agreement and the remainder of the provision and/or clause in question shall not be affected thereby.
  • Notices
    15.1. All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
    15.2. Notices shall be deemed to have been duly given:
    15.2.1. when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or
    15.2.2. when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
    15.2.3. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
    15.2.4. on the tenth business day following mailing, if mailed by airmail, postage prepaid.
    15.3. in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
    15.4. Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
  • Non-Solicitation
    16.1. The Customer shall not for the term of the Agreement and for a period of 12 months after its termination or expiry, employ or contract the services of any person who is or was employed or otherwise engaged by the Provider at any time in relation to the Agreement without the express written consent of the Provider
    16.2. The Customer shall not for the term of the Agreement and for a period of 12 months after its termination or expiry, solicit or entice away from the Provider any customer or client where any such solicitation or enticement would cause damage to the business of the Provider without the express written consent of the Provider.
  • Third Party Rights
    No part of these Terms and Conditions is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act XXXX shall not apply to these Terms and Conditions and/or the Agreement.
  • Law and Jurisdiction
    These Terms and Conditions shall be governed by the laws of New South Wales, Australia.
    Any dispute between the Parties relating to these Terms and Conditions shall fall within the exclusive jurisdiction of the courts of New South Wales, Australia.

Thanking you

Sincerely

Your NetStripes Team

Standard Terms & Conditions

  • Application
    1.1. These Terms and Conditions shall apply to the provision of IT Services by the Provider to the Customer.
    1.2. In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by the Provider in writing.
  • Definitions and Interpretation
    2.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “AGREEMENT” means the agreement including without limitation the IT Service Agreement entered into by the Customer and the Provider to which these Terms and Conditions apply;
    “BUSINESS DAY” means, any day (other than Saturday and Sunday) on which ordinary banks are open for business in NSW, Australia, during 9.00a.m – 6.00p.m, Australian Eastern Standard Time.;
    “COMMENCEMENT DATE” means the commencement date for the Services and these Terms and Conditions as set out in the Agreement;
    “CUSTOMER” means the customer as detailed in the Agreement;
    “PROVIDER” means Nexgroup (Pty) Ltd trading as NetStripes, a company registered in NSW, Australia under business registration number (ABN) 66 110 820 552, the registered address being 55, Pyrmont Bridge Road, Pyrmont, Australia, 2009;
    “SERVICES” means the services to be provided by the Provider to the Customer as set out in the Agreement;
    “SOFTWARE” means any and all programs, applications, instructions or similar that may from time to time be installed on the Customer’s Website;
    “WEBSITE” means a collection of related network web resources, such as web pages, multimedia content, which are typically identified with a common domain name, and published on at least one web server; and
    2.2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
    2.2.1. “WRITING”, and any cognate expression, includes a reference to any communication effected by electronic or similar means;
    2.2.2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    2.2.3. “THESE TERMS AND CONDITIONS” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
    2.2.4. a Schedule is a schedule to these Terms and Conditions; and
    2.2.5. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
    2.2.6. a "PARTY" or the "PARTIES" refer to the parties to these Terms and Conditions.
    2.3. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
    2.4. Words imparting the singular number shall include the plural and vice versa.
    2.5. References to any gender shall include the other gender.
  • Provider’s Obligations
    3.1. With effect from the Commencement Date the Provider shall, in consideration of the Fees being paid in accordance with the terms of payment, provide the Services expressly identified in the Agreement, or otherwise prior agreed in writing by a director of the Provider and in accordance with these Terms and Conditions.
    3.2. The Provider will use reasonable care and skill to perform the Services identified in the Agreement or otherwise prior agreed in writing by a director of the Provider and in accordance with these Terms and Conditions.
    3.3. The Provider will, subject to Clause 4, use reasonable endeavours to maintain the functionality of any Software which may be installed or otherwise operative on the Website and undertakes to update and/ or re-install any Software which may have been corrupted or otherwise made unavailable due to server failure and to render such technical assistance as may be necessary to secure the satisfactory operation of the Website and Software.
    3.4. Upon receipt of the Customer’s request for support or rectification of a defect, the Provider shall (subject to its then current commitments) normally begin work on such support or defect as per the agreement. Such response times are calculated and apply during Working Hours. The provider may without obligation respond within shorter times than those set out herein in the case of a situation deemed to be an emergency by the Provider. The provision of Services outside of the Working Hours is at the sole discretion of the Provider. All response times apply strictly to existing customers who have entered into an Agreement containing no less than a 90 day term.
    3.5. The Provider will not guarantee the performance of any Software which the Provider has undertaken to re-install under sub-Clause 3.3.
    3.6. The Provider shall use all reasonable endeavours to complete its obligations under the Agreement. The Parties agree that time will not be of the essence in the performance of these obligations.
  • Customer’s Obligations
    4.1. The Customer shall:
    4.1.1. allow the Provider access to the Website and all relevant Software for investigation purposes;
    4.2. provide adequate working access and facilities for the Provider’s staff; and
    4.3. co-operate with them in the diagnosis of any defect or malfunction in the Website or Software.
    4.4. The Customer shall allow the Provider the use of any computer systems, server systems or other software necessary to enable it to provide the Services and shall be responsible for procuring, installing and maintaining all communications media not supplied by the Provider.
    4.5. The Customer will not allow any changes or modifications to the Software to be made by any party other than those authorised by the Provider. If such changes or modifications are carried out without authorisation or appropriate notification, the Provider reserves the right to review these Terms and Conditions and make adjustments accordingly.
    4.6. The Customer will make freely available to the Provider all documentation associated with the Website, working documents, original Software installation media, current data backups and any other relevant information for the efficient maintenance of the Website and the Software.
    4.7. The Customer shall create regular data backups in such a manner as to minimise any potential data loss and to ensure that these are made available to the Provider as required.
    4.8. The Customer shall notify the Provider within 7 days of delivery if they are requesting a refund, refunds are not guaranteed and will be considered on a case by case basis.
  • Price
    5.1. The Customer agrees to pay the Fees in accordance with Clause 6 and the Agreement.
    5.2. The Provider shall be entitled to recover from the Customer his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services.
    5.3. The Customer shall pay the Provider for any additional services provided by the Provider that are not specified in the Agreement in accordance with the Provider's hourly rate in effect at the time of the performance or such other rate as may be agreed. Any such charge for additional services shall be invoiced separately from any Fees due under the Agreement.
    5.4. All sums payable pursuant to these Terms and Conditions are exclusive of any Goods and Services Tax (GST) or other tax or other taxes on profit, for which that Party shall be additionally liable.
  • Payment
    6.1. All payments for Services provided under the Agreement shall be paid by the Customer monthly in advance without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
    6.2. Where payments due are not included in the monthly payment in accordance with Clause 6.1 above then such payments shall be made by the Customer within 30 days of the date of the relevant invoice, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
    6.3. Payments shall be made by direct debit or as otherwise directed by the Provider in the invoice.
    6.4. The time of payment shall be of the essence of these Terms and Conditions and the Agreement. If the Customer fails to make any payment on the due date in respect of any sum due under these Terms and Conditions, then the Provider shall have the right to charge the Customer interest on any sum outstanding at the rate of 4% above the base rate of the current market rate from the due date for payment until the date on which the payment is received.
  • Variation and Amendments
    7.1. If the Customer wishes to vary any details of the services in the Agreement, it must notify the Provider in writing as soon as is reasonably possible. The Provider shall use all reasonable endeavours to make any required changes and any additional costs thereby incurred shall be separately invoiced to the Customer.
    7.2. If, due to circumstances beyond the Provider’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Customer forthwith. The Provider shall endeavour to keep such changes to a minimum and shall seek to offer the Customer arrangements as close to the original arrangements as is reasonably possible in the circumstances.
  • Termination
    8.1. The Provider may terminate the Agreement forthwith if:
    8.1.1. the Customer is in breach of any of its obligations hereunder;
    8.1.2. the Customer has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
    8.1.3. the Customer has become bankrupt or shall be deemed unable to pay its debts by virtue of Section ??? of the Insolvency Act ????;
    8.1.4. the Customer ceases or threatens to cease to carry on business; or
    8.1.5. any circumstances whatsoever beyond the reasonable control of the Provider necessitate and justify the Termination of the Services.
    8.2. In the event of Termination under clause 8.1 the Provider shall retain any sums already paid to by the Customer without prejudice to any other rights may have whether at law or otherwise.
    8.3. The Customer may terminate the Agreement by providing the Provider with 30 days’ notice in writing.
  • Liability
    9.1. The Customer shall indemnify the Provider against all damages, costs, claims and expenses suffered by the Provider arising from loss or damage (including that of third parties) caused by the Customer, or its agents or employees.
    9.2. Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.
    9.3. The Provider shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Provider's obligations if the delay or failure was due to any cause beyond the Provider's reasonable control.
    9.4. The Provider shall not be liable – whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss suffered by the Customer in the form of lost revenue or profit or failure to achieve any benefit expected to be derived from the Agreement, loss of use of any asset, loss of data recorded on any computer or other equipment, loss which is not the direct and immediate consequence of the breach, business interruption or management time, or any other loss which is otherwise indirect, commercial, economic, special or consequential.
    9.5. The Customer acknowledges and accepts that the Provider shall not be liable for:
    9.5.1. Any failure by the Provider to restore any back-up systems;
    9.5.2. Any virus or other malware suffered by the Customer.
    9.6. The Customer acknowledges and accepts that the Provider cannot guarantee 100% monitoring of its servers.
    9.7. The total liability of the Provider – whether in contract, tort (including negligence), breach of statutory duty or otherwise – for any and all breaches and/or non-performance of its obligations or liability under this Agreement shall be limited to AUD1000 or the total Fees payable by the Client, whichever is the lesser sum.
    9.8. Where the Provider enters into an agreement with a third party to supply services to the Customer or where the Customer engages a third party to provide services to the Customer such third parties warrant that they have all necessary professional indemnity insurance cover with respect to the work undertaken by such third parties. Such third parties shall provide proof of their professional indemnity insurance when so asked to by the Provider and/or Customer.
    9.9. Nothing in these Terms and Conditions or the Agreement shall limit or exclude the Provider’s liability for death or personal injury or any other liability which cannot be excluded by law.
  • Confidentiality
    10.1. The following obligations shall apply to the Party disclosing Confidential Information ('the Disclosing Party') to the other Party ('the Receiving Party').
    10.2. Subject to sub-Clause 10.3, the Receiving Party:
    10.2.1. may not use any Confidential Information for any purpose other than the performance of his obligations under these Terms and Conditions;
    10.2.2. may not disclose any Confidential Information to any person except with the prior written consent of the Disclosing Party; and
    10.2.3. shall make every effort to prevent the use or disclosure of the Confidential Information
    10.3. The obligations of confidence referred to in the provisions of this Clause shall not apply to any Confidential Information that:
    10.3.1. is in the possession of and is at the free disposal of the Receiving Party or is published or is otherwise in the public domain before its receipt by the Receiving Party;
    10.3.2. is or becomes publicly available on a non-confidential basis through no fault of the Receiving Party;
    10.3.3. is required to be disclosed by any applicable law or regulation;
    10.3.4. is received in good faith by the Receiving Party from a third party who, on reasonable enquiry by the Receiving Party claims to have no obligations of confidence to the other Party to these Terms and Conditions in respect of it and who imposes no obligations of confidence upon the Receiving Party.
    10.4. Without prejudice to any other rights or remedies the Disclosing Party may have, the Receiving Party acknowledges and agrees that in the event of breach of this clause the Disclosing Party shall, without proof of special damage, be entitled to an injunction or other equitable remedy for any threatened or actual breach of the provisions of this clause in addition to any damages or other remedies to which he may be entitled.
    10.5. The obligations of the Parties under the provisions of this clause shall survive the expiry or the termination of the Agreement for whatever reason.
  • Sub-Contracting and Assignment
    11.1. The Provider may sub-contract to third parties all or any part of the work to be performed hereunder.
    11.2. The Customer shall not assign to a third party any or all of its rights or obligations under these Terms and Conditions without the prior written consent of the Provider.
  • Force Majeure
    Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
  • Waiver
    13.1. No waiver by the Provider of any breach of these Terms and Conditions and/or the Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions and/or clause(s) of et Agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which any waiver is given.
    13.2. No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of any other right, power or privilege.
  • Severance
    If any provision of these Terms and Conditions and/or clause(s) of eth Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and/or the Agreement and the remainder of the provision and/or clause in question shall not be affected thereby.
  • Notices
    15.1. All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
    15.2. Notices shall be deemed to have been duly given:
    15.2.1. when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or
    15.2.2. when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
    15.2.3. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
    15.2.4. on the tenth business day following mailing, if mailed by airmail, postage prepaid.
    15.3. in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
    15.4. Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
  • Non-Solicitation
    16.1. The Customer shall not for the term of the Agreement and for a period of 12 months after its termination or expiry, employ or contract the services of any person who is or was employed or otherwise engaged by the Provider at any time in relation to the Agreement without the express written consent of the Provider
    16.2. The Customer shall not for the term of the Agreement and for a period of 12 months after its termination or expiry, solicit or entice away from the Provider any customer or client where any such solicitation or enticement would cause damage to the business of the Provider without the express written consent of the Provider.
  • Third Party Rights
    No part of these Terms and Conditions is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act XXXX shall not apply to these Terms and Conditions and/or the Agreement.
  • Law and Jurisdiction
    These Terms and Conditions shall be governed by the laws of New South Wales, Australia.
    Any dispute between the Parties relating to these Terms and Conditions shall fall within the exclusive jurisdiction of the courts of New South Wales, Australia.

Thanking you

Sincerely

Your NetStripes Team

Standard Terms & Conditions

  • Application
    1.1. These Terms and Conditions shall apply to the provision of IT Services by the Provider to the Customer.
    1.2. In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by the Provider in writing.
  • Definitions and Interpretation
    2.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “AGREEMENT” means the agreement including without limitation the IT Service Agreement entered into by the Customer and the Provider to which these Terms and Conditions apply;
    “BUSINESS DAY” means, any day (other than Saturday and Sunday) on which ordinary banks are open for business in NSW, Australia, during 9.00a.m – 6.00p.m, Australian Eastern Standard Time.;
    “COMMENCEMENT DATE” means the commencement date for the Services and these Terms and Conditions as set out in the Agreement;
    “CUSTOMER” means the customer as detailed in the Agreement;
    “PROVIDER” means Nexgroup (Pty) Ltd trading as NetStripes, a company registered in NSW, Australia under business registration number (ABN) 66 110 820 552, the registered address being 55, Pyrmont Bridge Road, Pyrmont, Australia, 2009;
    “SERVICES” means the services to be provided by the Provider to the Customer as set out in the Agreement;
    “SOFTWARE” means any and all programs, applications, instructions or similar that may from time to time be installed on the Customer’s Website;
    “WEBSITE” means a collection of related network web resources, such as web pages, multimedia content, which are typically identified with a common domain name, and published on at least one web server; and
    2.2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
    2.2.1. “WRITING”, and any cognate expression, includes a reference to any communication effected by electronic or similar means;
    2.2.2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
    2.2.3. “THESE TERMS AND CONDITIONS” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
    2.2.4. a Schedule is a schedule to these Terms and Conditions; and
    2.2.5. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
    2.2.6. a "PARTY" or the "PARTIES" refer to the parties to these Terms and Conditions.
    2.3. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
    2.4. Words imparting the singular number shall include the plural and vice versa.
    2.5. References to any gender shall include the other gender.
  • Provider’s Obligations
    3.1. With effect from the Commencement Date the Provider shall, in consideration of the Fees being paid in accordance with the terms of payment, provide the Services expressly identified in the Agreement, or otherwise prior agreed in writing by a director of the Provider and in accordance with these Terms and Conditions.
    3.2. The Provider will use reasonable care and skill to perform the Services identified in the Agreement or otherwise prior agreed in writing by a director of the Provider and in accordance with these Terms and Conditions.
    3.3. The Provider will, subject to Clause 4, use reasonable endeavours to maintain the functionality of any Software which may be installed or otherwise operative on the Website and undertakes to update and/ or re-install any Software which may have been corrupted or otherwise made unavailable due to server failure and to render such technical assistance as may be necessary to secure the satisfactory operation of the Website and Software.
    3.4. Upon receipt of the Customer’s request for support or rectification of a defect, the Provider shall (subject to its then current commitments) normally begin work on such support or defect as per the agreement. Such response times are calculated and apply during Working Hours. The provider may without obligation respond within shorter times than those set out herein in the case of a situation deemed to be an emergency by the Provider. The provision of Services outside of the Working Hours is at the sole discretion of the Provider. All response times apply strictly to existing customers who have entered into an Agreement containing no less than a 90 day term.
    3.5. The Provider will not guarantee the performance of any Software which the Provider has undertaken to re-install under sub-Clause 3.3.
    3.6. The Provider shall use all reasonable endeavours to complete its obligations under the Agreement. The Parties agree that time will not be of the essence in the performance of these obligations.
  • Customer’s Obligations
    4.1. The Customer shall:
    4.1.1. allow the Provider access to the Website and all relevant Software for investigation purposes;
    4.2. provide adequate working access and facilities for the Provider’s staff; and
    4.3. co-operate with them in the diagnosis of any defect or malfunction in the Website or Software.
    4.4. The Customer shall allow the Provider the use of any computer systems, server systems or other software necessary to enable it to provide the Services and shall be responsible for procuring, installing and maintaining all communications media not supplied by the Provider.
    4.5. The Customer will not allow any changes or modifications to the Software to be made by any party other than those authorised by the Provider. If such changes or modifications are carried out without authorisation or appropriate notification, the Provider reserves the right to review these Terms and Conditions and make adjustments accordingly.
    4.6. The Customer will make freely available to the Provider all documentation associated with the Website, working documents, original Software installation media, current data backups and any other relevant information for the efficient maintenance of the Website and the Software.
    4.7. The Customer shall create regular data backups in such a manner as to minimise any potential data loss and to ensure that these are made available to the Provider as required.
    4.8. The Customer shall notify the Provider within 7 days of delivery if they are requesting a refund, refunds are not guaranteed and will be considered on a case by case basis.
  • Price
    5.1. The Customer agrees to pay the Fees in accordance with Clause 6 and the Agreement.
    5.2. The Provider shall be entitled to recover from the Customer his reasonable incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Services.
    5.3. The Customer shall pay the Provider for any additional services provided by the Provider that are not specified in the Agreement in accordance with the Provider's hourly rate in effect at the time of the performance or such other rate as may be agreed. Any such charge for additional services shall be invoiced separately from any Fees due under the Agreement.
    5.4. All sums payable pursuant to these Terms and Conditions are exclusive of any Goods and Services Tax (GST) or other tax or other taxes on profit, for which that Party shall be additionally liable.
  • Payment
    6.1. All payments for Services provided under the Agreement shall be paid by the Customer monthly in advance without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
    6.2. Where payments due are not included in the monthly payment in accordance with Clause 6.1 above then such payments shall be made by the Customer within 30 days of the date of the relevant invoice, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.
    6.3. Payments shall be made by direct debit or as otherwise directed by the Provider in the invoice.
    6.4. The time of payment shall be of the essence of these Terms and Conditions and the Agreement. If the Customer fails to make any payment on the due date in respect of any sum due under these Terms and Conditions, then the Provider shall have the right to charge the Customer interest on any sum outstanding at the rate of 4% above the base rate of the current market rate from the due date for payment until the date on which the payment is received.
  • Variation and Amendments
    7.1. If the Customer wishes to vary any details of the services in the Agreement, it must notify the Provider in writing as soon as is reasonably possible. The Provider shall use all reasonable endeavours to make any required changes and any additional costs thereby incurred shall be separately invoiced to the Customer.
    7.2. If, due to circumstances beyond the Provider’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Customer forthwith. The Provider shall endeavour to keep such changes to a minimum and shall seek to offer the Customer arrangements as close to the original arrangements as is reasonably possible in the circumstances.
  • Termination
    8.1. The Provider may terminate the Agreement forthwith if:
    8.1.1. the Customer is in breach of any of its obligations hereunder;
    8.1.2. the Customer has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
    8.1.3. the Customer has become bankrupt or shall be deemed unable to pay its debts by virtue of Section ??? of the Insolvency Act ????;
    8.1.4. the Customer ceases or threatens to cease to carry on business; or
    8.1.5. any circumstances whatsoever beyond the reasonable control of the Provider necessitate and justify the Termination of the Services.
    8.2. In the event of Termination under clause 8.1 the Provider shall retain any sums already paid to by the Customer without prejudice to any other rights may have whether at law or otherwise.
    8.3. The Customer may terminate the Agreement by providing the Provider with 30 days’ notice in writing.
  • Liability
    9.1. The Customer shall indemnify the Provider against all damages, costs, claims and expenses suffered by the Provider arising from loss or damage (including that of third parties) caused by the Customer, or its agents or employees.
    9.2. Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.
    9.3. The Provider shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Provider's obligations if the delay or failure was due to any cause beyond the Provider's reasonable control.
    9.4. The Provider shall not be liable – whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss suffered by the Customer in the form of lost revenue or profit or failure to achieve any benefit expected to be derived from the Agreement, loss of use of any asset, loss of data recorded on any computer or other equipment, loss which is not the direct and immediate consequence of the breach, business interruption or management time, or any other loss which is otherwise indirect, commercial, economic, special or consequential.
    9.5. The Customer acknowledges and accepts that the Provider shall not be liable for:
    9.5.1. Any failure by the Provider to restore any back-up systems;
    9.5.2. Any virus or other malware suffered by the Customer.
    9.6. The Customer acknowledges and accepts that the Provider cannot guarantee 100% monitoring of its servers.
    9.7. The total liability of the Provider – whether in contract, tort (including negligence), breach of statutory duty or otherwise – for any and all breaches and/or non-performance of its obligations or liability under this Agreement shall be limited to AUD1000 or the total Fees payable by the Client, whichever is the lesser sum.
    9.8. Where the Provider enters into an agreement with a third party to supply services to the Customer or where the Customer engages a third party to provide services to the Customer such third parties warrant that they have all necessary professional indemnity insurance cover with respect to the work undertaken by such third parties. Such third parties shall provide proof of their professional indemnity insurance when so asked to by the Provider and/or Customer.
    9.9. Nothing in these Terms and Conditions or the Agreement shall limit or exclude the Provider’s liability for death or personal injury or any other liability which cannot be excluded by law.
  • Confidentiality
    10.1. The following obligations shall apply to the Party disclosing Confidential Information ('the Disclosing Party') to the other Party ('the Receiving Party').
    10.2. Subject to sub-Clause 10.3, the Receiving Party:
    10.2.1. may not use any Confidential Information for any purpose other than the performance of his obligations under these Terms and Conditions;
    10.2.2. may not disclose any Confidential Information to any person except with the prior written consent of the Disclosing Party; and
    10.2.3. shall make every effort to prevent the use or disclosure of the Confidential Information
    10.3. The obligations of confidence referred to in the provisions of this Clause shall not apply to any Confidential Information that:
    10.3.1. is in the possession of and is at the free disposal of the Receiving Party or is published or is otherwise in the public domain before its receipt by the Receiving Party;
    10.3.2. is or becomes publicly available on a non-confidential basis through no fault of the Receiving Party;
    10.3.3. is required to be disclosed by any applicable law or regulation;
    10.3.4. is received in good faith by the Receiving Party from a third party who, on reasonable enquiry by the Receiving Party claims to have no obligations of confidence to the other Party to these Terms and Conditions in respect of it and who imposes no obligations of confidence upon the Receiving Party.
    10.4. Without prejudice to any other rights or remedies the Disclosing Party may have, the Receiving Party acknowledges and agrees that in the event of breach of this clause the Disclosing Party shall, without proof of special damage, be entitled to an injunction or other equitable remedy for any threatened or actual breach of the provisions of this clause in addition to any damages or other remedies to which he may be entitled.
    10.5. The obligations of the Parties under the provisions of this clause shall survive the expiry or the termination of the Agreement for whatever reason.
  • Sub-Contracting and Assignment
    11.1. The Provider may sub-contract to third parties all or any part of the work to be performed hereunder.
    11.2. The Customer shall not assign to a third party any or all of its rights or obligations under these Terms and Conditions without the prior written consent of the Provider.
  • Force Majeure
    Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
  • Waiver
    13.1. No waiver by the Provider of any breach of these Terms and Conditions and/or the Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of these Terms and Conditions and/or clause(s) of et Agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which any waiver is given.
    13.2. No failure or delay on the part of any Party in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of or the exercise of any other right, power or privilege.
  • Severance
    If any provision of these Terms and Conditions and/or clause(s) of eth Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and/or the Agreement and the remainder of the provision and/or clause in question shall not be affected thereby.
  • Notices
    15.1. All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
    15.2. Notices shall be deemed to have been duly given:
    15.2.1. when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or
    15.2.2. when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
    15.2.3. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
    15.2.4. on the tenth business day following mailing, if mailed by airmail, postage prepaid.
    15.3. in each case addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.
    15.4. Service of any document for the purposes of any legal proceedings concerning or arising out of these Terms and Conditions shall be effected by either Party by causing such document to be delivered to the other Party at its registered or principal office, or to such other address as may be notified to one Party by the other Party in writing from time to time.
  • Non-Solicitation
    16.1. The Customer shall not for the term of the Agreement and for a period of 12 months after its termination or expiry, employ or contract the services of any person who is or was employed or otherwise engaged by the Provider at any time in relation to the Agreement without the express written consent of the Provider
    16.2. The Customer shall not for the term of the Agreement and for a period of 12 months after its termination or expiry, solicit or entice away from the Provider any customer or client where any such solicitation or enticement would cause damage to the business of the Provider without the express written consent of the Provider.
  • Third Party Rights
    No part of these Terms and Conditions is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act XXXX shall not apply to these Terms and Conditions and/or the Agreement.
  • Law and Jurisdiction
    These Terms and Conditions shall be governed by the laws of New South Wales, Australia.
    Any dispute between the Parties relating to these Terms and Conditions shall fall within the exclusive jurisdiction of the courts of New South Wales, Australia.

Thanking you

Sincerely

Your NetStripes Team

Terms & Conditions

The Client hereby engages NetStripes (the Provider), on a non-exclusive basis to provide the Services to the Client, and the Provider hereby accepts that engagement and agrees to provide the Services to the Client, in accordance with the terms below. All services are provided under NetStripes Service agreement.

The following steps describe the terms of engagement of this project.

  • Design, create and manage your Digital Advertising campaigns as per the plan signed-up for:
    • Social Media Advertising
    • Retarget Advertising
    • Provide periodic reports
    • Provide monthly guidance through scheduled advisory meetings.
  • Provide website technical support as per plan signed up for:
  • Provide website technical support as per plan signed up for:
    • Weekly backups of your website.
    • Technical support requests for your website.
    • Carry out periodic software and plugin updates related to your website.

Digital Advertising Campaigns:

In ensuring the project is kept to timelines, the client is to provide, approval or any request for changes within 3 business days of receiving our draft design.  Maximum time for design approval or request for any changes should be no longer than 3 days (due date) and any subsequent changes need to be approved within 24 hours (revised due date) of the change being sent to you.

If no feedback is received within the given time, NetStripes will proceed to the next step of the project with the available information at hand.

The above timelines and process will also be adhered to whenever approval is required from the client throughout the project cycle.

  • Changes in design are generally not recommended once advertising begins as it hampers advertising performance and incurs additional effort and cost. Any such changes will be quoted for separately at a nominal rate of $100 an hour.
  • New advertising or advertisements requested once the project has commenced will be quoted separately.
  • Content: The client is required to supply images and content required for your advertising.  We will advise you of the required content via email. The content may include, but is not limited to, photographs, written copy, logos and other printed material mutually agreed. In achieving timeline and cost related goals of the project, the content required is to be provided by the client within a week of the request.  Content delays impact project timeline, and may also hinder results due to importance of getting timing right in most advertising campaigns.
  • Continued delays in providing approval or content - Clients are advised that continued delays in providing content or approval has an impact on project costs due to increased cost of resources in coordination, design and development. Every week the project is delayed due to delays in approvals, and content delivery will incur a nominal fee of $150 per week in meeting these costs.

Website Technical Support

Service Delivery

Coverage parameters specific to the service(s) covered in this Agreement are as follows:

  • Email support: Monitored 9:00 A.M. to 5:00 P.M. Monday – Friday
  • Emails received outside of office hours will be collated. However, no action is guaranteed until the next working day within the agreed SLA.

Service Requests

In support of services outlined in this Agreement, NetStripes will respond to service related incidents and/or requests submitted within the following time frames:

  • 0-8 hours (during business hours) for issues classified as High priority.
  • Within 48 hours for issues classified as Medium priority.
  • Within 5 working days for issues classified as Low priority.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website or your advertising.

  1. Consequential Loss ‐ NetStripes shall not be liable for any loss or damage, which you may suffer which is in any way attributable to any delay in performance or completion of our contract, and however that delay arises.
  2. The Provider shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Client harmless from and against, any and all Losses that may be suffered by the Client and which arise, directly or indirectly, in connection with any breach of this agreement by the Provider and/or any negligent or other tortious conduct in the provision of the Services.
  3. The Client shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Provider harmless from and against, any and all Losses that may be suffered by the Provider and which arise, directly or indirectly, in connection with any breach of this agreement by the Client and/or any negligent or other tortious conduct in the provision of the Services.

1. Disclaimer 

1.1 Ownership of Design - the ownership of the advertising designs which includes final design and development belongs to NetStripes until the completion and full payment of the campaign. Your right to use the designs immediately ceases and the licenses granted under this agreement terminated if you do not pay your instalments on time and NetStripes shall be entitled to immediately remove all material from the advertising platforms.

1.2 Ownership of intellectual property rights - You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your advertising campaigns.

1.3 NetStripes assumes no liability for the financial results and outcomes.

1.4 To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of NetStripes under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, repair or resupply of the services or the payment of the cost of the services that we were contracted to perform.

If you are in agreement of the above please Sign Up below in order to process your request and proceed with the development of your Advertising.

Thanking you

Sincerely

Your NetStripes Team

Terms & Conditions

The Client hereby engages NetStripes (the Provider), on a non-exclusive basis to provide the Services to the Client, and the Provider hereby accepts that engagement and agrees to provide the Services to the Client, in accordance with the terms below. All services are provided under NetStripes Service agreement.

The following steps describe the terms of engagement of this project.

  • Design, create and manage your Digital Advertising campaigns as per the plan signed-up for:
    • Social Media Advertising
    • Retarget Advertising
    • Provide periodic reports
    • Provide monthly guidance through scheduled advisory meetings.
  • Provide website technical support as per plan signed up for:
  • Provide website technical support as per plan signed up for:
    • Weekly backups of your website.
    • Technical support requests for your website.
    • Carry out periodic software and plugin updates related to your website.

Digital Advertising Campaigns:

In ensuring the project is kept to timelines, the client is to provide, approval or any request for changes within 3 business days of receiving our draft design.  Maximum time for design approval or request for any changes should be no longer than 3 days (due date) and any subsequent changes need to be approved within 24 hours (revised due date) of the change being sent to you.

If no feedback is received within the given time, NetStripes will proceed to the next step of the project with the available information at hand.

The above timelines and process will also be adhered to whenever approval is required from the client throughout the project cycle.

  • Changes in design are generally not recommended once advertising begins as it hampers advertising performance and incurs additional effort and cost. Any such changes will be quoted for separately at a nominal rate of $100 an hour.
  • New advertising or advertisements requested once the project has commenced will be quoted separately.
  • Content: The client is required to supply images and content required for your advertising.  We will advise you of the required content via email. The content may include, but is not limited to, photographs, written copy, logos and other printed material mutually agreed. In achieving timeline and cost related goals of the project, the content required is to be provided by the client within a week of the request.  Content delays impact project timeline, and may also hinder results due to importance of getting timing right in most advertising campaigns.
  • Continued delays in providing approval or content - Clients are advised that continued delays in providing content or approval has an impact on project costs due to increased cost of resources in coordination, design and development. Every week the project is delayed due to delays in approvals, and content delivery will incur a nominal fee of $150 per week in meeting these costs.

Website Technical Support

Service Delivery

Coverage parameters specific to the service(s) covered in this Agreement are as follows:

  • Email support: Monitored 9:00 A.M. to 5:00 P.M. Monday – Friday
  • Emails received outside of office hours will be collated. However, no action is guaranteed until the next working day within the agreed SLA.

Service Requests

In support of services outlined in this Agreement, NetStripes will respond to service related incidents and/or requests submitted within the following time frames:

  • 0-8 hours (during business hours) for issues classified as High priority.
  • Within 48 hours for issues classified as Medium priority.
  • Within 5 working days for issues classified as Low priority.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website or your advertising.

  1. Consequential Loss ‐ NetStripes shall not be liable for any loss or damage, which you may suffer which is in any way attributable to any delay in performance or completion of our contract, and however that delay arises.
  2. The Provider shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Client harmless from and against, any and all Losses that may be suffered by the Client and which arise, directly or indirectly, in connection with any breach of this agreement by the Provider and/or any negligent or other tortious conduct in the provision of the Services.
  3. The Client shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Provider harmless from and against, any and all Losses that may be suffered by the Provider and which arise, directly or indirectly, in connection with any breach of this agreement by the Client and/or any negligent or other tortious conduct in the provision of the Services.

1. Disclaimer 

1.1 Ownership of Design - the ownership of the advertising designs which includes final design and development belongs to NetStripes until the completion and full payment of the campaign. Your right to use the designs immediately ceases and the licenses granted under this agreement terminated if you do not pay your instalments on time and NetStripes shall be entitled to immediately remove all material from the advertising platforms.

1.2 Ownership of intellectual property rights - You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your advertising campaigns.

1.3 NetStripes assumes no liability for the financial results and outcomes.

1.4 To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of NetStripes under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, repair or resupply of the services or the payment of the cost of the services that we were contracted to perform.

If you are in agreement of the above please Sign Up below in order to process your request and proceed with the development of your Advertising.

Thanking you

Sincerely

Your NetStripes Team

Terms & Conditions

The Client hereby engages NetStripes (the Provider), on a non-exclusive basis to provide the Services to the Client, and the Provider hereby accepts that engagement and agrees to provide the Services to the Client, in accordance with the terms below. All services are provided under NetStripes Service agreement.

The following steps describe the terms of engagement of this project.

  • Design, create and manage your Digital Advertising campaigns as per the plan signed-up for:
    • Social Media Advertising
    • Retarget Advertising
    • Provide periodic reports
    • Provide monthly guidance through scheduled advisory meetings.
  • Provide website technical support as per plan signed up for:
  • Provide website technical support as per plan signed up for:
    • Weekly backups of your website.
    • Technical support requests for your website.
    • Carry out periodic software and plugin updates related to your website.

Digital Advertising Campaigns:

In ensuring the project is kept to timelines, the client is to provide, approval or any request for changes within 3 business days of receiving our draft design.  Maximum time for design approval or request for any changes should be no longer than 3 days (due date) and any subsequent changes need to be approved within 24 hours (revised due date) of the change being sent to you.

If no feedback is received within the given time, NetStripes will proceed to the next step of the project with the available information at hand.

The above timelines and process will also be adhered to whenever approval is required from the client throughout the project cycle.

  • Changes in design are generally not recommended once advertising begins as it hampers advertising performance and incurs additional effort and cost. Any such changes will be quoted for separately at a nominal rate of $100 an hour.
  • New advertising or advertisements requested once the project has commenced will be quoted separately.
  • Content: The client is required to supply images and content required for your advertising.  We will advise you of the required content via email. The content may include, but is not limited to, photographs, written copy, logos and other printed material mutually agreed. In achieving timeline and cost related goals of the project, the content required is to be provided by the client within a week of the request.  Content delays impact project timeline, and may also hinder results due to importance of getting timing right in most advertising campaigns.
  • Continued delays in providing approval or content - Clients are advised that continued delays in providing content or approval has an impact on project costs due to increased cost of resources in coordination, design and development. Every week the project is delayed due to delays in approvals, and content delivery will incur a nominal fee of $150 per week in meeting these costs.

Website Technical Support

Service Delivery

Coverage parameters specific to the service(s) covered in this Agreement are as follows:

  • Email support: Monitored 9:00 A.M. to 5:00 P.M. Monday – Friday
  • Emails received outside of office hours will be collated. However, no action is guaranteed until the next working day within the agreed SLA.

Service Requests

In support of services outlined in this Agreement, NetStripes will respond to service related incidents and/or requests submitted within the following time frames:

  • 0-8 hours (during business hours) for issues classified as High priority.
  • Within 48 hours for issues classified as Medium priority.
  • Within 5 working days for issues classified as Low priority.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website or your advertising.

  1. Consequential Loss ‐ NetStripes shall not be liable for any loss or damage, which you may suffer which is in any way attributable to any delay in performance or completion of our contract, and however that delay arises.
  2. The Provider shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Client harmless from and against, any and all Losses that may be suffered by the Client and which arise, directly or indirectly, in connection with any breach of this agreement by the Provider and/or any negligent or other tortious conduct in the provision of the Services.
  3. The Client shall have personal liability for, and hereby irrevocably indemnifies and covenants to hold the Provider harmless from and against, any and all Losses that may be suffered by the Provider and which arise, directly or indirectly, in connection with any breach of this agreement by the Client and/or any negligent or other tortious conduct in the provision of the Services.

1. Disclaimer 

1.1 Ownership of Design - the ownership of the advertising designs which includes final design and development belongs to NetStripes until the completion and full payment of the campaign. Your right to use the designs immediately ceases and the licenses granted under this agreement terminated if you do not pay your instalments on time and NetStripes shall be entitled to immediately remove all material from the advertising platforms.

1.2 Ownership of intellectual property rights - You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your advertising campaigns.

1.3 NetStripes assumes no liability for the financial results and outcomes.

1.4 To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of NetStripes under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, repair or resupply of the services or the payment of the cost of the services that we were contracted to perform.

If you are in agreement of the above please Sign Up below in order to process your request and proceed with the development of your Advertising.

Thanking you

Sincerely

Your NetStripes Team

    Terms & Conditions

    The Client hereby engages NetStripes (the Provider), on a non-exclusive basis to provide the Services to the Client, and the Provider hereby accepts that engagement and agrees to provide the Services to the Client, in accordance with the terms below. All services are provided under NetStripes Service agreement.

    The following steps describe the terms of engagement of this project.

    1. Draft online brand design will be sent to the client for your feedback and approval within a specifiedperiod from the receipt of the confirmation payment.
    • In ensuring the project is kept to timelines, the client is to provide, approval or anyrequest for changes within 3 business days of receiving our draft design.  Maximum time for design approval or request for any changes should be no longer than 3 days (due date) and any subsequent changes need to be approved within 24 hours (revised due date) of the change being sent to you.

    If no feedback is received within the given time, NetStripes will endeavour to send a reminder on the revised due date and the project may move into development phase the next day.

    The above timelines and process will also be adhered to whenever approval is required from the client throughout the project cycle.

    • Changes in design are generally not recommended once the development begins as it hampers project deadlines and incurs additional effort and cost. Any such changes will be quoted for separately at a nominal rate of $100 an hour.
    • Features requested once the project has commenced will be quoted separately. All changes should ideally be made prior to the completion of design in avoiding delays and additional costs
    • Design Revisions – NetStripes will provide at no extra cost to the client up to one revision for Solopreneur Web packages, two revisions to clients for Gold and Platinum Web Packages and three revisions for Platinum Plus web packages.  Text revisions are not considered revisions.
    • Content: The client is required to supply images and content required for your website.  We will advise you of the required content via email or through a document referred as the “Content Calendar”. The content may include, but is not limited to, photographs, written copy, logos and other printed material. In achieving timeline and cost related goals of the project, the timing of the content required is provided to the client within a week of confirmation. It is important the content is provided within these timeframes to ensure smooth progress. Yes content delays impact project timeline.
    • Continued delays in providing content - Clients are advised that delays in providingcontent or approval has an impact on project completion costs due to increased cost of resources in coordination, design and development. Every week the project is delayed due to delays in approvals, and content delivery will incur a nominal fee of $150 per week.
    • Domain -  If you do not already have a domain name registered, you will be required toregister a domain name of your choice. If you would like us to do this for you, it can be done at an additional service fee of $75– excluding your domain cost and GST.

    If you already have a domain and wish to continue using the same domain for your new website, you will be required to provide domain credentials the latest by 7 business days from your new website launch date. We will not be liable for any delays or other technical issues related to moving your domain records from your existing provider.

    • Web Hosting - If you do not already have a web hosting provider, you will be requiredto purchase a hosting package from a web hosting provider of your choice and provide us such details at least 7 days prior to the date required for your website to be hosted and available on the world wide web.  We will be able to provide you with a list of providers if required.

    In case you decide on NetStripes hosting your website through our preferred provider, it must be noted that NetStripes cannot be responsible for any kind of hosting/server issues of the hosting provider that may occur. This service is only provided on request and we will not be able to provide complimentary support in relation to resolving any hosting related issues.

    1. Email Hosting - While most web hosting providers offer a certain number of email accounts (if not unlimited) included in their packages, we do not recommend our clients   combine their web and email hosting with the same provider.  The reason for this is to avoid significant issues of single point of failure. This means when you have one provider for both website and email, if your website is down due to server issues, your email system will also not work and vice versa.  You will need to assess the risks of your email system being linked to your hosting provider and your website.

    As an alternative, if required NetStripes are able to provide you with a list of suggested email hosting providers for your consideration.

    If the need does arise NetStripes will be able to assist you in setting up your email configurations at a nominal cost.

    Alternatively, you may contact the provider yourself for configuration.

    In the case that you need our assistance for email configurations, you will be required to provide Administration details of your email hosting provider at least 7 business days before we launch your site.

    1. Ownership of Code and Content - Once all payment instalments are made in full for the website package you have subscribed for and any other additional features requested, the ownership of the website which includes design and development of your website will be transferred to you irrevocably. Your right to use the website immediately ceases and the licences granted under this agreement terminated if you do not pay your instalments on time and NetStripes shall be entitled to immediately remove all website material from your web hosting provider and computer.
    1. Ownership of intellectual property rights - You must obtain all necessarypermissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

    You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

    1. Consequential Loss ‐ We shall not be liable for any loss or damage, which you maysuffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
    1. Backups - You are responsible for maintaining your own backups with respect to yourwebsite and we will not be liable for restoring any client data or client websites.
    1. 15.    Disclaimer ‐ To the full extent permitted by law, all terms, conditions, warranties,undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of NetStripes under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, repair or resupply of the services or the payment of the cost of the services that we were contracted to perform.

    If you are in agreement of the above please be good enough to pay the advance of confirmation in order we can proceed with the development of your website.

    Thanking you

    Sincerely

    Your NetStripes Team