1. victory e solutions Pty Ltd requires 50% in advance to start work, 25% on client approval of the home page design, and the final 25% on website launch and/or delivery of source code.
2. All content for the web site is to be provided by the Client.
3. victory e solutions Pty Ltd will only use materials that are in accordance with copyright laws and the Client will not provide material to victory e solutions Pty Ltd for use in a web site design that violates such laws.
4. victory e solutions Pty Ltd shall not be held liable for the accuracy of any information supplied by the Client and contained in Client's website.
5. victory e solutions Pty Ltd will be given final approval of a design by the Client before developing the web site. Changes to the design after approval has been given and development has begun are not included in the initial agreement and are therefore billed at an hourly rate.
6. victory e solutions Pty Ltd and Client shall agree to a schedule of deadlines before commencing work on a project. Meeting project deadlines will be dependent on the provision of content/information for the project by the Client. Failure by Client to provide content/information promptly will result in the project deadline being re-scheduled.
7. The cost estimates agreed upon by victory e solutions Pty Ltd and Client are based on the requirements specified in the accepted proposal. Any change in the requirements or delays in communication will have a direct impact on the cost of the project.
8. All payments to victory e solutions Pty Ltd are non-refundable.
9. On the agreed completion date or milestone the Client will be invoiced for the agreed fees as detailed in the Proposal.
10. In case any invoice is overdue for more than 30 days, Victory Team reserves the right to stop all victory e solutions Pty Ltd client services including but not limited to: website hosting, web design, graphic design, SEO and Marketing related services without any further communication.
11. victory e solutions Pty Ltd sends all invoices on email only and all invoices are due on presentation.
12. victory e solutions Pty Ltd will not give out Client’s confidential information, including but not limited to names, addresses and trade secrets. victory e solutions Pty Ltd agrees to take reasonable precautions to prevent unauthorized disclosure of confidential information.
13. A valid cancellation will take place if the same is communicated in writing (with authorized signature of Client) and is mutually agreed upon or full and final payment having been received by victory e solutions Pty Ltd with respect to project.
14. This Agreement is effective as of the Effective Date and shall continue unless terminated; victory e solutions Pty Ltd may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay victory e solutions Pty Ltd for all Services provided to Customer by victory e solutions Pty Ltd prior to termination.
15. victory e solutions Pty Ltd warrants that the Web site will conform to specifications or acceptance criteria agreed to by the parties when delivered to Customer and for a period of one (1) year thereafter (the "Warranty Period") and that victory e solutions Pty Ltd will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. Victory Team, Inc warranties and representations hereunder will not extend or apply to any Web site modified by any party other than victory e solutions Pty Ltd In the event that Customer discovers an Error in the Web site during the Warranty Period, Victory Team, Inc’s sole responsibility will be to use reasonably commercial efforts to correct such Errors. "Error" means any reproducible error, problem, or defect resulting from (i) an incorrect functioning of the Background Technology that materially affects the functionality of the Web site or (ii) any failure of the Web site delivered to Customer to materially meet the specifications or acceptance criteria. All warranty claims not made in writing within the Warranty Period shall be deemed waived. Victory Team, Inc warranty obligations are personal to Customer and may not be extended to any third party.
16. Except as expressly provided in this Agreement, the Services and Customer Web sites are provided "as is," and victory e solutions Pty Ltd expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Web sites provided by victory e solutions Pty Ltd to a Customer will be deemed accepted when delivered.
17. victory e solutions Pty Ltd reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. victory e solutions Pty Ltd may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following victory e solutions Pty Ltd's' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
18. These terms and conditions apply to webdesign and development servicesn. Other projects or services may be bound by separate terms and conditions.

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By purchasing web hosting services from victory e solutions Pty Ltd, you agree to be bound by the following terms and conditions:

Renewal
In order to ensure uninterrupted service to your website, the service contract will automatically renew unless canceled by the site owner. victory e solutions Pty Ltd requests that cancellation requests be made via phone or email at least 2 weeks prior to the date of renewal. victory e solutions Pty Ltd will acknowledge the cancellation notice within 24 hours of receipt. Your satisfaction is important to us and victory e solutions Pty Ltd will honor all requests promptly. If you do not receive acknowledgment, please contact a representative as soon as possible.

Refunds
victory e solutions Pty Ltd web hosting services carry an unconditional 30 day satisfaction guarantee. If you are dissatisfied for any reason within the first 30 days of service, please contact us by phone or email for a full and immediate refund. If you wish to retain your domain name, the cost of your domain name will be deducted from your refund.

Acceptable Use Policy
victory e solutions Pty Ltd reserves the right to refuse service to any site at our sole discretion. Although we do not believe in censorship, victory e solutions Pty Ltd does not allow the following types of sites:

Websites containing explicit pornographic material
Racist or hate-related websites
"Warez" sites, including but not limited to any copyrighted software or music files

Sites which provide methods for circumventing copy protection ("cracks", key codes, serial numbers, decoder chips, etc...) are also not permitted.
Any content which is not legal in the United States
Unsolicited Email (Spam) and Bulk Email
victory e solutions Pty Ltd will not host websites which are advertised through unsolicited email, excessive newsgroup crossposting, or off-topic newsgroup posts. What is considered spam is determined at the sole discretion of victory e solutions Pty Ltd We will make every effort to work with our customers to insure that legitimate websites are not shut down due to what may be wrongly interpreted as unsolicited mail. Although we are first and foremost an advocate of our customers, sites in flagrant violation of this policy will be shutdown without a refund of any kind. In addition, to protect the quality of service for all of our customers, any bulk emailing that adversely affects the performance of our shared mail servers will be either discontinued or moved, pending customer approval, to one of our list server or dedicated server plans.

Bandwidth and Overages
Each hosting plan is allocated a specific amount of network and system resources which is clearly specified on the victory e solutions Pty Ltd website. We realize that from time to time, customers may have unanticipated circumstances which cause their websites to use more bandwidth, disk space, or other resources than they have been allocated with their plan. In extreme cases, such overages may result in additional charges or the request to upgrade your service to a more suitable plan. victory e solutions Pty Ltd will make every effort to contact you to prevent any unexpected charges or service interruptions. If the resources required by your website negatively impact other customers in our shared hosting environment, we may take steps, including possible temporary suspension of service, to restore normal server operations. Under all circumstances, suspension of service is an absolute last resort and we will make every effort to work with our customers to insure continuous and trouble-free service.

Limitations of Liability and Indemnification
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. We strive towards providing 100% customer satisfaction in all our service offerings.

Limited Warranties
No Other Warranty victory e solutions Pty Ltd DOES NOT MONITOR OR EXERCISE CONTROL OVER THE CONTENT OF THE INFORMATION TRANSMITTED THROUGH ITS FACILITIES. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT CUSTOMER'S OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. EXCEPT AS PROVIDED IN THE ORDER FORM(S), victory e solutions Pty Ltd DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. victory e solutions Pty Ltd DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Disclaimer of Actions Caused by and/or Under the Control of Third Parties
victory e solutions Pty Ltd DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION TO OR FROM victory e solutions Pty Ltd'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). victory e solutions Pty Ltd CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY victory e solutions Pty Ltd DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Delays and Interruptions
victory e solutions Pty Ltd SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES, AND victory e solutions Pty Ltd SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF victory e solutions Pty Ltd'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER victory e solutions Pty Ltd NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO victory e solutions Pty Ltd'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF victory e solutions Pty Ltd'S OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE.

Indemnification
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys' fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify victory e solutions Pty Ltd and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse victory e solutions Pty Ltd and its affiliates for all legal expenses, including reasonable attorneys' fees, incurred by victory e solutions Pty Ltd and its affiliates in connection with any such Losses.

Consequential Damages
EXCEPT FOR THE PARTIES' INDEMNITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.

Governing Law
State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of Australia, excluding its choice of law rules.

Questions
Please contact us with any questions regarding the victory e solutions Pty Ltd terms of service by calling 1-300-729-981 or email support@victoryesolutions.com.au

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