Our Terms & Conditions

General use of this site

Businesses with Hosted Pages

Our Payment Terms

General use of this site

BusinessDIY Pty Ltd does not warrant the accuracy of the content on the Site. The content is provided “as is” and on the condition that you undertake all responsibility for assessing the accuracy of the content and only rely on it at your own risk. Any or all of the content on this Site may be changed by BusinessDIY at our sole discretion and without notice.

Businesses with
Hosted Pages

Webpage development and hosting

BusinessDIY Pty Ltd (hereafter referred to as BDIY/we) will provide web page hosting services for your business (the client) on the MyMainst.com.au website (the website). We will host the webpage for six (6) months from commencement and will be renewed for subsequent periods of one year unless terminated by written notice by either party. Notice of termination must be given at least one month prior to the anniversary of commencement. The renewal will be on the same terms and conditions except that if the annual fee is to be increased by more than CPI we will advise your business at least two months prior to the end date, otherwise a CPI adjustment will apply. Should the increase be more than CPI it may not exceed 15%.

Provision of service

After commencement we will provide you with login information to enable you to update your Click’N’Type™ webpage. The client will be responsible for the security and confidentiality of the login information and for all information posted on the webpage using your log in details.

You must not post any information which is offensive, abusive, obscene, defamatory or which breaches the intellectual property rights of any third person. We are not obliged to (but may do so in our absolute discretion) supervise, edit or control the content and form of any information or data posted on the webpage we will not be liable in any way for any content or information posted on the web page.

You must not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from the service that would infringe the intellectual property right of any person.

Liability

It is expressly acknowledged by your business that BDIY, its employees, agents, contractors, service providers, &/or etc, accepts no liability for any errors or omissions or inaccuracy of any data received by the customer or any other party which may view or use such data for any purpose whatsoever and the user shall indemnify and keep indemnified, BDIY against any claims whatsoever, by any party, including any loss, damages, claims, proceedings, loss of profit, liability, damages costs, fines or expenses, including any consequential damages incurred by any party.

Confidentiality and Intellectual property rights

All documentation and materials (including this agreement) received by the client is “commercial in confidence” and will not be used by or passed on to any third party without the express and written approval of BDIY.

It is acknowledged that ownership of all graphics, software, data, templates, product technology and web site material supplied by BDIY remains the property of BDIY except to the extent expressly provided in this agreement, you are responsible for obtaining all necessary permissions in relation to the use of third party materials which you post on the webpage or which you requests BDIY to post into the web page; and payment of all royalties or licence fees associated with the use of a third party’s intellectual property rights in connection with such material; and indemnifying BDIY against any loss or liability, whether direct or indirect, arising out of a claim by a third party relating to such material.

If we become aware of an infringement of intellectual property rights we may procure the right to continue the use or possession of the infringing material; modify the web site in order to avoid continuing infringement; or remove the web page or discontinue the web site. These obligations regarding confidentiality and intellectual property survive the termination of this agreement.

Termination

This agreement may be terminated for breach if the breach is not remedied within 14 days of written notice of the breach. Any termination shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of this agreement which is expressly or by implication intended to continue in force after such termination.

Neither party shall be liable for the consequences of any event beyond its reasonable control.

General

This agreement supersedes all prior agreements between the parties and constitutes the entire agreement between the parties relating to its content. It may not be varied except by written agreement of the parties. It may not be assigned by the customer without the prior written consent of the supplier. This agreement is governed by and construed in accordance with the laws of the State of Victoria.

A waiver or forbearance of any rights shall not prejudice or operate as a waiver of any subsequent breach and if any part of this agreement is or becomes invalid, that part shall be severed from this agreement without affecting the validity of the remaining provisions of the agreement.

 

Our Payment Terms

Our terms are strictly payment in advance for all online based pages and forms either created by BusinessDIY Pty Ltd or those created by ours clients using our online web page creating facility. This also applies to any advertising placed on our sites including MyMainSt.com.au or BusinessResources.com.au.

Advertising banners or any other form of promotional material created by us is only offered with an initial deposit of no less than 50% of the invoiced fee with the balance due on delivery of the completed work requested.

 

If you have any questions at all about our Terms & Conditions please do not hesitate to contact us.

 

MyMainSt and Click’N’Type are trademarks of BusinessDIY Pty Ltd.