Customer Agreement

PublicityShip offers access to our services on the terms and conditions outlined in this document. This Customer Agreement (“the Agreement”) is a contract between you (“the Customer”, “you” or “your”) and Holipac Pty Ltd ABN 71 113 915 601 trading as PublicityShip (“the Provider”, “us” or “we”). The Customer wishes to engage the Provider to prepare materials (“the Materials”) for the purpose of marketing the Customer’s business including (but not restricted to) the preparation of written and electronic documents, the delivery of training and the configuration and operation of webpages and websites (“the Website”), either on a one time or recurrent basis. The materials produced by the Provider are delivered under the following conditions.

1. Instructions. The Customer will provide instructions (“the Instructions”) to the Provider for the purposes of preparing the Materials. The Instructions may be in written, verbal or other form, provided directly or in response to interview questions from the Provider.

2. Term. This Agreement shall commence on the date the Provider receives Instructions from the Customer to prepare the Materials. The Agreement shall conclude on the date the Customer pays the Agreed Fees in full, or when the Customer and the Provider mutually agree a termination date, or in the case of recurrent services after the Provider or Customer notifies the other that the Agreement shall conclude after a period of four weeks notice.

3. Services and Payment. The Services are the preparation and provision of the Materials based on a written Brief prepared by the Provider based on the Instructions, and subsequently approved in writing or email by the Customer. The Customer will pay the Agreed Fees and any agreed deposit as specified in the approved Brief. When the Provider has completed the Services the Customer shall pay any balance owing of the Agreed Fees to the Contractor within 14 days of the completion of the Services.

4. Relationship. The Provider is engaged by the Customer as an independent contractor and this Agreement does not create a contract of employment or create a partnership between the parties.

5. Assignment of rights. Upon final payment of the Agreed Fees by the Client, the Provider assigns to the Customer the right to use, modify and distribute the text in the Materials prepared for the Customer under the Instructions. This does not include the Provider’s registered names, business marks or logos, business methods, software or other intellectual property of the Provider. Failure to pay the Agreed Fees to the Provider in full or requesting and receiving a refund of the Agreed Fees for the Materials shall result in all rights remaining with the Provider. The Provider retains the right to a copy of any material used in the preparation and finalisation of the Materials and to display the final Materials and any key source documents as an example of their work.

6. Rights in the Instructions. Upon provision of Instructions to the Provider for use in preparing the Publications, the Customer guarantees to the Provider that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to the Provider in the Instructions for the Publications are owned by and are the full responsibility of the Customer, or that the Customer has permission from the rightful owner to use each of these elements, and that the Instructions are accurate in fact. The Customer will hold harmless, protect, and defend the Provider from any claim or suit arising from the use of the Instructions and such elements in the Publications.

7. Content Hosting. The Provider operates as an Internet Content Host (ICH) under the Australian Broadcasting Services Amendment (Online Services) Act 1999. The Provider does not monitor the nature of the content. The Provider keeps backups from time to time for the purpose of being able to restore content should it be lost, but does not keep records of the content. The Customer agrees to monitor content it publishes using the Provider’s service. The Customer agrees the Provider may make all necessary arrangements to take down or otherwise modify the Provider’s content to comply with a directive from the Australian Broadcasting Authority.

8. Responsibility of Website Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• you are responsible for maintaining the security of your account and Website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign keywords to your Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others;
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Provider or otherwise.
• By submitting Content to the Provider for inclusion on your Website, you grant the Provider a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Website.
• You will not use our services to download, publish or link to any material that that contravenes Australian law or regulations, including content that would give rise to civil liability or otherwise violate an applicable law or regulation.
• You will not undertake any activities that interfere in the business operations of other customers of the Provider.
• You will immediately notify us of any unauthorized uses of your Website, your account or any other breaches of security.

9. Responsibility of Website Visitors. The Provider has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Provider does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Provider disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

10. Content Posted on Other Websites. The Provider has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages which link to or from PublicityShip related websites. The Provider does not have any control over those non PublicityShip websites and webpages, and is not responsible for their contents or their use. By linking to a non PublicityShip website or webpage, The Provider does not represent or imply that it endorses such a website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Provider disclaims any responsibility for any harm resulting from your use of non PublicityShip websites and webpages.

11. Shared Hosting. The Provider may, at its discretion, offer an option for the Customer to utilise a shared hosting arrangement (“Shared Hosting”) for its website or websites. Under this Agreement, Shared Hosting means a Customer website shares a technology platform substantially similar to or the same as the technology used by the Provider for its own websites. The Customer acknowedges the Provider utilises the services of third party server hosting and/or internet service providers (ISPs), and does not provide hosting or ISP services in its own right. In electing to use Shared Hosting services, the Customer acknowledges the Provider does not provide any warranties or guarantees in relation to the Shared Hosting facilities, including without limitation the performance, availability, security, recoverability of websites or other services. The Customer acknowledges it may elect to host its website or other services using alternative hosting and configuration at its own cost. The Provider, at its discretion, implements its own management policies in relation to the Shared Hosting. The Provider may, at its sole discretion, provide technical or instructional support in relation to the Shared Hosting. The Provider may implement data backup services from time to time, however the Customer agrees to make its own arrangements to backup up important business data and where necessary to avoid business disruption, to have a business continuity plan in the event the Shared Hosting becomes unavailable.

12. Data Transfer. Materials residing in a Customer Website are available for export using standard WordPress functions, should the Customer require an archive or to transfer to their site to a new host.

13. Application. A PublicityShip website uses a customised WordPress theme. The Customer acknowledges this theme is only for use on a PublicityShip Shared Hosting platform, may not be copied and is not available for download or distribution.

14. Confidentiality. During the term of this Agreement and for one year following the termination of this Agreement the Provider shall not, except in the ordinary course of providing Services, without the express written consent of the Customer, disclose to any person any information that may be supplied to or made available to the Provider during the ordinary course of business of the Customer which is not in the public domain and is advised in writing to be Private and Confidential.

15. Changes. The Provider reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is the Customer’s responsibility to check this Agreement periodically for changes. The Customer’s continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Provider may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

16. Liability. The Provider and its related entities, directors, employees and contractors provide the Services and the Materials “as is” and without warranty or condition (express, implied or statutory) to the extent permitted by law. The Provider will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. The Provider makes no warranties as to title, fitness for a particular purpose or non-infringement. The Provider will make reasonable efforts to meet the Customer’s requirements regarding the content of the Materials, but makes no representations as to whether Materials will lead to the Customer’s information being published in any media outlet, or to any change in business outcomes. To the maximum extent permitted by law, in no event will the Provider or any related entity, director, employee or contractor be liable for lost profits or any special, incidental or consequential damages arising from the Services or this Agreement. In any event the Provider’s liability and the liability of related entities, employees and contractors to you or any third parties in any circumstances is limited to the actual amount of direct damages you incur or the Agreed Fees, whichever is the lesser.

17. Other Conditions. A defect in any provision of the Agreement or any part of a provision of this Agreement shall not affect any other provision. You agree to indemnify and hold the Provider and its related entities, directors, employees and contractors harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of this Agreement or your violation of any law or of the rights of a third party relating to your use of the Service. No waiver by either party or the breach of non-performance of any term condition or obligation of this Agreement shall be a waiver of any subsequent breach or failure to perform the same or any other term condition or obligation. In this Agreement, unless the contrary intention appears, a word which denotes the singular includes the plural; any gender includes the other genders; a reference to writing includes any communication sent by post, email, online chat message or facsimile transmission; a person includes a reference to that person’s executors, administrators, legal personal representatives, successors, and permitted assigns; any statute, proclamation, rule, code, regulation or ordinance includes all regulations and other instruments under it and all amendments, consolidations, modifications, re-enactments or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it or of any particular provision of it; any monetary amounts refers to Australian currency; any party shall mean such party and its successors and assigns and (except in the case of corporations) heirs, executors and administrators; No rule of construction applies to the disadvantage of a party because this Agreement is prepared by (or on behalf of) that party; Headings in this Agreement are for convenience only and do not affect its interpretation or construction; In all other respects the interpretation of the Agreement is governed by the Acts Interpretation Act 1901 (Cth). This Agreement contains the whole of the terms governing the relationship between the Customer and the Provider, and neither party shall be bound by any conditions, definitions, warranties or representations written or stated prior to the creation of this Agreement and not expressly incorporated into this Agreement.

18. Interpretation. This Agreement shall be interpreted and construed in accordance with the Laws of the State of Western Australia.

End of agreement.