Terms of Service
"Pickedthis" refers to the Australian business registered under the ABN 39 559 761 943.
"Customer" means the person or entity who ordered products and/or services provided by Pickedthis.
"Service", "Service(s)" or "Services" means any product(s) or service(s) the Customer has signed up to use.
"Preparation" refers to the process carried out by Pickedthis to prepare the website of the Customer for publishing, including changes to content provided by the Customer and interactions with the Customer to facilitate this process.
"Labour" refers to the service carried out by Pickedthis when Customer asks Pickedthis to change the contents of the Customer's website, such as images and text.
By placing an order with Pickedthis for Services, the Customer agrees to our Terms of Service.
The Customer acknowledges that the Customer is solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that the Customer is solely responsible for the files and applications that have been uploaded and executed.
The Customer agrees to receive emails directly relating to the Service(s) provided. The Customer can unsubscribe from marketing and promotional emails only.
Our website contains information on what is included in our Service(s). When Pickedthis include domain name registration and/or web hosting in Service(s), the domain name registration is limited to one domain name and web hosting is limited to one space. Pickedthis charges at the rate of AUD 33 per hour for both Preparation and Labour.
Customer pays a fee to place an order for Services(s). When Pickedthis commences work on the order of the Customer, the order fee is used for Preparation. If we predict that the cost for Preparation will exceed the order fee in our Service(s), we will ask the Customer to choose between changing their own content or purchase Labour from Pickedthis. If the Customer chooses Labour, Pickedthis will quote the price and payment terms. If terms are not specified, Customer is to pay 50% deposit to commence work on Labour, and pay the remaining 50% on completion of work on Labour.
The Customer acknowledges that Pickedthis is not obligated to renew Service(s) purchased by the Customer and Pickedthis accepts no responsibility for any loss, expense or liability which the Customer may incur from discontinuing our Service(s).
Third Party Services
Pickedthis is not a provider of domain names, web hosting, or marketing services of any kind. For Pickedthis to provide Services(s) to the Customer, Pickedthis usually require access to the domain name and web hosting services provider of the Customer.
If the Customer does not have an existing domain name and/or web hosting services provider that is suitable for Pickedthis to provide Service(s) to the Customer, the Customer will cooperate with Pickedthis so that Pickedthis is able to register for or transfer these services to suitable third party service provider(s) on behalf of the Customer.
The Customer acknowledges that Pickedthis is not obligated to renew third party services of the Customer and Pickedthis accepts no responsibility for any loss, expense or liability which the Customer may incur from discontinuation of these third party services.
Customer General Warranties and Undertaking
The Customer warrants that any information supplied to Pickedthis is true and correct and will be kept current and up to date by contacting Pickedthis.
The Customer warrants that they will keep all passwords and sensitive information in a secure location and this information is not shared with any other party.
The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Pickedthis, its staff, agents or affiliates, which has not been expressly stated in this agreement.
The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their Account and/or Service(s). These matters should be referred to the Australian Federal Police for investigation as soon as possible.
Pickedthis General Warranties and Undertaking
Pickedthis shall not be liable to the Customer for harm caused by or related to the Customer's Service(s) or inability to utilise the Service(s) unless caused by gross negligence or wilful misconduct.
Pickedthis shall not be liable to the Customer for lost profits, direct or indirect, special or incidental, consequential or punitive; or damages of any kind whether or not they were known or should have been known.
Not withstanding anything else in this agreement, the maximum aggregate liability that Pickedthis, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
Pickedthis does not warrant that:
Any Service(s) provided will be uninterrupted or error free;
The Service(s) will meet your requirements, other than as expressly set out in this agreement;
The Service(s) will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service(s) or any Pickedthis system.
Pickedthis does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.
In no event will Pickedthis be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Pickedthis does not provide any express or implied warranty on the quality of their product(s) nor the outcomes expected and is under no obligation to extend support for externally managed or purchased products.
All prices shown on our website are in Australian Dollar (AUD) and excludes GST. You may have to pay GST if it applies to you, such as if your business is conducted in Australia. All payments are processed through PayPal. Pickedthis does not store payment information such as credit card details on our servers.
Service(s) are eligible for a refund if Pickedthis has not yet commenced work or purchased goods or services on the order. Service(s) purchased by the Customer that are monthly or annual subscription at Pickedthis can be terminated as soon as Pickedthis processed Customer termination of Service(s) request. Monthly subscription is not refundable when Service has commenced. Unused months in annual subscription can be refunded in full after Customer has paid AUD 33 termination fee. Refund amounts may take days to process.
The Customer will not be entitled to a refund if any of our Terms, Policies and Agreements have been breached by the Customer.
All other refunds will be processed at the sole discretion of Pickedthis, in-line with policies and guidelines published by the Australian Competition & Consumer Commission (ACCC). Since we use PayPal for receiving payments, fees paid to PayPal will be deducted from processed refunds.
Pickedthis makes every reasonable effort to backup and archive the Customer's data on a regular basis for the sole purpose of disaster recovery.
In the event the website of the Customer experienced hard disk failure or data corruption, Pickedthis will restore data from the last known verified archive. Pickedthis will not be held liable for data loss under any circumstances and it is the Customer's sole responsibility to ensure that they have a backup of all data.
Use of Identity
The Customer agrees to use any Pickedthis logo or company information
with respect towards all persons and the general public,
without inciting conflict of interest, and
without intentionally disseminate false and misleading information, whether written, spoken or implied nor conceal any relevant fact.
Pickedthis agrees not to use Customer name, logos or information without prior written consent of the Customer.
The Customer agrees to abide by all local, state and federal laws pursuant to the Service(s) delivered by Pickedthis.
The Customer agrees that these and all Pickedthis Terms, Policies and Agreements are governed by the laws of Victoria, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.
Pickedthis may amend our Terms of Service at anytime. Changes to this agreement will become effective upon their publication to our website. Continued use of the Service(s) constitutes acceptance of the amended terms.