Net Ads Terms and Conditions
Acceptance of Terms and Conditions
The Net Ads service is owned and operated by Net Ads Advertising (ABN 51 739 921 506). Net Ads provide online advertising account management services.Net Ads has the right to revise these terms and conditions at any time without providing notice to its users. Users continued use of this site, services and/or your account shall be deemed irrevocable acceptance of any revision.
Your order will be processed once a completed Net Ads order form and payment details have been received. An e-mail confirmation of acceptance of the order will be forwarded to you once the account has been opened.
Your Warranties
By accepting this agreement, you warrant that:You have not entered into this agreement or obtained any services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either Net Ads or its suppliers concerning this agreement or any Net Ads services, other than any statement or representation contained in this agreement;
* You are at least 18 years of age;
* Your use of the Net Ads service will not infringe the intellectual property or any other rights of Net Ads, its suppliers or any third party;
* You have the right to provide us with your web site information, and, if applicable, FTP access, with respect to your web site;
* Neither your web site nor any of the content of your web site (including, without limitation, your products and services (if applicable), your web site information, and if applicable, any optimisation changes implemented by Net Ads or, by you or anyone on behalf of you) will infringe the intellectual property or any other rights of any third party;
* Your web site, your web site property and your use of the Net Ads services will at all times comply with all laws required to be complied with by you; and
* Your web site and use of the Net Ads services contemplated under this agreement complies with all relevant policies of those third parties (for example, without limitation, you comply with the Google policies in relation to use of the Google AdWords service).
Net Ads Disclaimer of Warranties
To the extent permitted by law, neither Net Ads nor its suppliers, nor any employees, affiliates, agents, third-party information providers, merchants, licensors nor the like (each a "relevant party") of either Net Ads or its suppliers, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Net Ads services or any equipment provided, and all such warranties are hereby excluded.Net Ads agrees to use all reasonable efforts to provide the Net Ads services to you. However, you acknowledge to, and agree with Net Ads, that nothing in this agreement shall constitute an express or implied warranty or guarantee by any relevant party of either Net Ads or its suppliers:
* That the Net Ads services will be uninterrupted or error free;
* That the Net Ads services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Net Ads or its suppliers;
* Concerning the results or success that may be obtained from the use of the Net Ads services;
* Concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Net Ads services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with any products and/or services that you may determine to offer for supply, or supply via your web site, the Internet or otherwise);
* As to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Net Ads services, or, for the avoidance of doubt, any information provided by Net Ads or its suppliers in any advice, report or communication to you or any other party;
* That the provision of the Net Ads services will result in the ranking of your web site improving; and/or
* That the provision of the Net Ads services will result in an increased amount of traffic or users to your web site; and/or
* Concerning any market conditions (whether favourable or not) that may be in existence at the commencement date will continue; and/or
* That the provision of the Net Ads services generally, or any software utilised by Net Ads to provide the services, will not be subject to, or result in, either errors and/or delays.
You acknowledge that although Net Ads may suggest optimisation changes to you in connection with providing the Net Ads services, Net Ads cannot and does not, nor do any relevant party; take any responsibility for your web site or your web site property. Accordingly, you agree that you shall at all times be solely responsible for your web site and your web site property notwithstanding the provision of the services to you by Net Ads or its suppliers.
Without limiting the above, you acknowledge that the Net Ads services may require Net Ads to use, interface with or input information into supplier's systems (including companies such as Google, Facebook, Microsoft and Yahoo!) and you agree that Net Ads has no liability to the extent that its suppliers are unable to provide its services to you.
General Liability
Net Ads cannot accept liability for any indirect loss, loss of enjoyment, loss of profit, loss of business, loss of goodwill or any other loss what so ever in connection with the operation of any Net Ads services including this web site. We are unable to confirm that the information set out in this web site is totally accurate or complete.Provision of information to Net Ads
You agree to provide Net Ads with any information, material, excerpts of, or links from or to any web site content or brochure reasonably requested by Net Ads, to assist Net Ads with provision of the Net Ads services to you.Suspension
In addition to any other rights under this agreement, Net Ads may suspend or terminate this agreement and cease providing the Net Ads services to you:* if you breach any term of this agreement and (if capable of remedy) fail to remedy that breach within 14 days of receipt of a notice from Net Ads requiring you to remedy that breach;
* if any of the following events occur:
* you becomes insolvent or are otherwise unable to pay debts as and when they fall due;
* you (or any third party) institutes any insolvency, receivership or bankruptcy proceedings with respect to you, for the settlement of your debts;
* you make a general assignment for the benefit of creditors; or
* you cease to conduct business; or
* if requested to do so by a third party.
Notwithstanding any suspension of any Net Ads services under this clause, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension. In addition to any other obligation under this agreement, if Net Ads terminates this agreement:
* you must pay all outstanding charges to Net Ads immediately; and
* any licence issued to or by you in relation to the Net Ads services will cease from the date of termination.