Karanda Holdings Pty Limited Terms and Conditions, Disclaimer

Updated on the 11th Nov 2018

These Terms, Conditions and Disclaimers are for all products or services offered or supplied by Karanda Holdings P/L its businesses, affiliates, networks or any one of its subsidiaries.

Terms and Conditions relating to Karanda Holdings Property Developments

All Terms and Conditions for Contracts, Agreements or Option Documents are listed on the documents including URL links to websites for explanations as required.

All Non Related Property and Real Estate Terms and Conditions are below:

Karanda Holdings Pty Limited owns and operates this website and related sub domains and extensions. By accessing and using this website you agree to be bound by these terms and conditions.

If you do not accept the terms and conditions of the Karanda Holdings Pty Limited website, you must discontinue using this or related web site.

For the purpose of this agreement the term “Client” will refer to any company, business, association, group or individual and or members of their staff, helper or family. That has has dealings with any one of Karanda Holdings Pty Limited businesses, affiliates or networks. Also for the purpose of this agreement the term “Service Provider” will refer to Karanda Holdings P/L businesses, affiliates, networks or any one of its subsidiaries.

Karanda Holdings Pty Limited may revise this Agreement at any time by updating this website. Use of the website after such changes are posted will indicate your agreement to these revised terms. It is your responsibility to visit this page periodically to review this Agreement.

This and all other “Service Provider” websites and all content is provided on an ‘as is’ basis. By accessing and using this website you acknowledge and agree that use of this website and the content is entirely at your own risk. Any advice given written, verbally or suggested or work carried out your behalf is in no way a guarantee of the results that you will receive. Every effort will be made in order that you achieve the best results possible within the “Service Providers” control.

This agreement for goods and services will continue and be automatically renewed. Perpetual billing will be carried out, where applicable, for the service selected by the client. The “Service Provider” or their billing subsidiary company will send out the invoice or reminder before the due date for the renewal of the service being supplied. The amount of the tax invoice must be paid no later than the due date, if the payment is not received by the due date the client will agree for the amount to be debited to their credit card, details which where previously supplied by the client. The client must supply and allow the use of the latest correct credit card details that will be kept on file, by the Service Provider.

This will be done on the last working day closest to the due date. If a client wishes its charges not to be automatically deducted from their credit card a declaration in writing must be received by the “Service Provider” with the alternate method of direct periodical payment. The minimum period for any “Service Provider” service to any client is 12 months. However the billing period could be monthly or quarterly, in which case there will be 90 days (one quarterly payment) of service credit kept by the “Service Provider” to cover possible late payment fees, cancellation and administration fees.

All products supplied or work carried out by the “Service Provider” remains the property of the “Service Provider” (in whole) until all invoices are paid in full by the “Client”.
An example of this would be, if the final payment for a website design & development is not paid to the “Service Provider” by the “Client” then the “Client” has no rights or access to files, databases, admin area or other services connected to the original design & development even though part payment may have been made. Thus all products supplied or work carried out by the “Service Provider” stays 100% in control of the “Service Provider” until all invoices are paid in full by the “Client”.

Termination of Services, Products and or Support
The “Service Provider” may withdraw any or all Service and or Support as soon as a payment is not received for any service or product supplied that has been agreed to verbally, in writing or other wise, by the client or any person that is believed to be representative of the client or related businesses. Even if unpaid amount is not directly effecting that service or product that is withdrawn. This also applies if the client seems to breach this or any other agreement in any way or if the “Service Provider” deems the client to be acting unethically or is hostile or maliciously toward the “Service Provider”.

The client must give a minimum of 90 days (one quarterly billing period) notice in writing that they wish to terminate the agreement for products or services otherwise pay the equivalent of 90 days service and or hosting fees plus any termination and administration fees due. The minimum period for any service provided by the “Service Provider” is 12 months all fees due must be paid in full before the due date.

Termination of the client’s services and or support will be carried out by the “Service Provider” following failure to pay any invoice associated with any service or product that is for that domain or that “Client”.

No Credit is Repaid
No credit is repaid to a client for any product or service no longer required by the client or available from the service provider; however a credit will be given for other services or products that the same client wishes to purchase through the “Service Provider”. The credit amount awarded for products or services no longer required by the client may have termination and or administrations fees deducted to carry out the process.

Lawful Compliance
The client will use the services offered by the “Service Provider” in a manner consistent with all applicable Local, State, Territory, Federal and International laws, treaties and regulations.

Disclosure of Services and or Products for and by Clients
The “Service Provider” demands that a client makes sure all customers are fully aware of the services and products offered before sale or contract, especially where it is required by law or any statuary body to offer service and or product disclosure. The “Service Provider” will not be held responsible in any way for clients or consumers that doesn’t provide, read or understand any or all of a product and or service disclosure.

Prohibited Publication of Certain Material
The client shall not submit to or via the “Service Provider” the following:

a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

b) any material that is libelous or slanderous;

c) any material which is or contains anything obscene or pornographic.

Any violation of the above may result in termination of the client’s service and or support.

Confidential Information/Privacy
Due to the public nature of the internet, material posted on client’s web pages is considered publicly accessible. The “Service Provider” makes no warranties as to the accuracy of information that appears on a client’s web sites, web pages, attachments or links. All endeavors to ensure information and links are accurate will be made by the “service Provider”.

Indemnity and Service Continuity
The “Service Provider” does not represent or warrant that the client will receive continual and uninterrupted services and the “Service Provider” shall not accept any liability whatsoever in contract, tort or otherwise to any party in respect of any loss or damage what so ever arising out of the provision of the service.

The “Service Provider” does not represent or warrant that the client’s data, emails and files will not be lost or be compromised and the “Service Provider” shall not accept any liability whatsoever in contract, tort or otherwise to any party in respect of any loss or damage what so ever arising out of the provision of the service.

Any inaccuracy or error or omission from any part of the service or a client’s inability to use the service and information contained therein. The “Service Provider” will not be liable for any refunds or continuation of a service that is stopped, canceled or no longer supported by the “Service Provider” or its partners, associates or third party suppliers of any services which where originally supplied by the “Service Provider” or any of its representatives.

The client agrees to indemnify the “Service Provider” from and against any and all claims, losses, liabilities and expenses (including legal fees such as solicitors) related to or arising out any advice given, service or support provided by the “Service Provider” to the client under this agreement, including customers of the client related to any false claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, or for any content publishes by the client using the services.

The client has no recourse against Karanda Holdings Pty Ltd, it’s businesses, affiliates or partners, in relation to in-effectiveness or poor results for any product, service or advice offered.

Periodical Circulars
The client agrees to remain on all mailing and email lists and receive periodical circulars from the “Service Provider” or any partners and suppliers for the group.

The client is responsible for the security of their user name and password where applicable. Please keep it confidential.

If there is a breach of any account passwords being miss used or unauthorized use of a password protected service that service will be terminated. The client will pay all administration fees related to this matter. To avoid misuse of your passwords please make sure passwords contain letters, numbers and symbols and be more than 6 characters in length.

The “Service Provider” rewards “Clients” with a VIP Discount for making it easier for the “Service Provider” to carry out upgrades, maintenance, updates & process payments for services provided.

VIP Discounts are normally 10% Discount off the “Service Provider’s” normal recommended retail price. Discounts may not apply to services or products that are supplied by or through a third party, contractor or other service provider.

VIP Customers are defined by the “Service Provider” as;
1/ A “Client” that has offered all management & control of all domain names, website development, website hosting, SEO Search Engine Optimisation work & Google Adwords campaigns to the “Service Provider”.
2/ A “Client” that has given their credit card details to be kept on file by the “Service Provider” to process any due invoices, that have been agreed to.

VIP Discounts are passed on automatically at the standard 10% off on a “Clients” Tax Invoice, even if the word VIP or Discount doesn’t appear.

Any price quoted or displayed is the VIP Discounted price as it is expected that the “Service Provider” will have complete access to carry out upgrades, maintenance, updates & process payments for services provided.

Taxes and Charges
If any taxes and or charges are increased or introduced on services supplied by the “Service Provider”, these charges will be passed on to the client. All prices published by the “Service Provider” are in US dollars and may not include statuary taxes and charges unless otherwise stated.

Enhancements do not include development, construction of images, logos, web links or coding unless specified in writing. Text upgrades are calculated on the material being supplied by email, where the text article can be copied and pasted for the client.

Images for client’s enhancements are priced on photographs being supplied as originals by post in jpeg format type images or emailed to the “Service Provider”. Web Site Development charges are calculated on the client supplying all text (copy) and images for all pages, additional development fees will be charged to the client if this needs to be done by the “Service Provider” or a contracted third party. Admin fees are those fees that apply to clients where the Administration Dept carries out clerical work for or on behalf of the client.

Set up fees are those fees incurred by a client for the time spent and or work carried out by the “Service Provider” that may be needed or requested so that the client can gain a presence, on-line or use a service or product that was requested. Specials and Bonuses only apply to an initial purchase or period of a service to a new client of the “Service Provider” or a new service to an existing client and only apply if the services are paid for at the same time.

Hosting and / or Support if provided will be stipulated in the Service Agreement with the “Service Provider”. The standard Support includes phone and email support during normal office hours Australian EST and only offered for the particular service the Client has subscribed to. Support by the “Service Provider” is off site support only & does not include any of the following unless billing for that specific service has been paid in full.

Trouble shooting of any 3rd party software or programs
Trouble shooting of any proprietary software or programs that has a help file
Trouble shooting of any email or ftp issues that are not in the Service Providers direct control
Translating or training of any element of any service that is covered by any help documentation.
Web site or programming updates or upgrades.
Software and / or security updates.
SEO – Search Engine Optimization including SEO checking, testing, tracking or submissions.
Any On Site (in a clients home, office or mobile device) support
Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of the future enforcement of that provision or of any other provision of this agreement.

Web Sites Development, Updates and Maintenance
Web Site developments are priced that the client will host the web site with the “Service Provider” for at least the minimum period of 12 months and supply all images (with preferred location of each image) and text edited ready to be insert into the developing pages of the web site, otherwise additional costs will be payable by the client, to do the extra text editing & image sorting. Web site updates and maintenance agreements are available on request and are not included in initial development, hosting or ongoing hosting or support unless give in writing by the “Service Provider”.  The cost of any website or related service change, upgrade or update will be charged at the rate specified by the “Service Provider” at that time.

All products supplied or work carried out by the “Service Provider” remains the property of the “Service Provider” (in whole) until all invoices are paid in full by the “Client”.
An example of this would be, if the final payment for a website design & development is not paid to the “Service Provider” by the “Client” then the “Client” has no rights or access to files, databases, admin area or other services connected to the original design & development even though part payment may have been made. Thus all products supplied or work carried out by the “Service Provider” stays 100% in control of the “Service Provider” until all invoices are paid in full by the “Client”.

Web Site Software Updates & Maintenance
Most clients websites have Security Monitoring that warns of security breaches & emails a monthly report. Clients website hosting & support does NOT include caring out software updates for the website or any website plugins that are installed.

Not acting on the warnings given by the Security Monitoring could cause your website to be hacked by a Trojan or Ransom Wear, which could be extremely expensive to recover your website. The Service Provider offers coaching to show you how to do the basics with updates. Or these updates can be done for you at a small cost.

The Security Monitoring System will not automatically stop all security breaches, however it is the most advanced website security software available.

Clients are responsible for back ups, update, upgrades and maintenance of their online products or services. If they request the Service Provider to carry out any back ups, update, upgrades or maintenance, it will be done with the best intentions to have minimal interruptions to any service. However this is not guaranteed by the Service Provider and will not be held responsible for any problem that may occur, or losses that may claimed.

Some software updates are carried out automatically by the system or software. The Service Provider is not liable or responsible to fix or rectify any issues that may cause loss of service. The clients services that have a fault or issue can be updated/upgraded or rectified  by the Service Provider with out written consent. However the client will be required to pay any related invoice with in 7 days of the invoice date.

Note: No claim can be made against the Service Provider for any breach of security of a clients website. This also includes any losses incurred by a client if their website fails to work as originally designed.

Domain Names and Email Addresses
The “Service Provider” maintains control and any ownership of any and all URLs and related email addresses that may be assigned to a client at the sole discretion of “Service Provider” Administration has the sole discretion and the right to charge for, any change, transfer or removal of any domain, hosting, information or files.

Emails & Email Hosting
The normal email server that is combined with website hosting is not meant for bulk emailing. This can cause issues with your domain being listed with spam filters or blacklisted. The ‘Service Provider’ offers limited free support for mail server issues that are directly related to a clients domain. However the Service Provider will charge for advice, assistance or services relating to all issues that are not directly the fault of our mail server.

Domain Email Forwarding is NOT allowed or supported to problem email accounts like Hotmail & Live. This is due to these accounts blacklisting IP addresses & Domains easily. Email Forwards that have been set up will be remove without notifications & Admin charges will be charged.

The mail server is on hosting with the websites and was designed for POP emails to be server to a clients email program and downloaded onto the clients hard drive. NOT to be stored on the server. Like emails are when configured as IMAP emails accounts.

So using IMAP can be done ONLY if the client cleans their emails out regularly and does NOT keep excessive numbers or sizes of emails on the mail server.

The “Service Provider” is not responsible in any way for any emails being received, stored,  sent or forwarded. There is NO recourse against the “Service Provider” if any emails are lost, corrupted or interference happens from anyone or any event.

Service Refusal
The “Service Provider” retains the absolute and unfettered discretion to approve or refuse the provision of the services used by the client.

Should any part of this agreement be or become invalid, that part shall be severed from this agreement and such invalidity shall not affect the validity of the remaining provisions of the agreement.

Links, Downloads, Features and Advertisements
Websites contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by “Service Provider” of the contents of such third-party web sites.

If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to this website, you do so entirely at your own risk.

We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against Karanda Holdings Pty Limited or any of our affiliates arising from or based on your purchase or use of products or services through those other sites.

Links do not imply that Karanda Holdings Pty Limited or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Karanda Holdings Pty Limited or any of our affiliates.

Karanda Holdings Pty Limited is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site

Earnings Disclaimer
Every effort has been made to accurately represent information and it’s potential. In terms of earnings, there is no guarantee that you will earn any money using the tools, techniques and ideas found in any of our information.

Examples used are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, tools, ideas, suggestions and techniques. We do not purport any idea’s as a ” get rich scheme.”

Your level of success in attaining the results depends on the time and effort you devote to any program or idea with the correct use of tools, your finances, knowledge and various skills. As these factors differ according to individuals, we cannot guarantee your success or income level. We also are not responsible for any of your actions.

Our website may contain information that includes or is based upon forward-looking statements which give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. they use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

All forward looking statements on any of our web sites or contained in any of our information material are intended to express opinions of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s. In fact no guarantees are made that you will achieve any results from ours ideas and techniques found in any of our information.