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Terms and Conditions

 
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  1. The services and products, which are offered to you by One Orange Cow Pty Ltd (Hereinafter referred to as ‘One Orange Cow’), are subject to these Terms & Conditions. These Terms & Conditions may be updated at any time by One Orange Cow without notice to you other than by an amended Terms & Conditions contained upon this website. It is your responsibility to ensure that you have checked for any amendments to these Terms & Conditions. By accessing or using this site in any manner or fashion, you agree to abide by and agree to the Terms & Conditions. Should you not agree to abide by these Terms & Conditions you are requested to exit the website forthwith.
  2. Authority


  3. By using this website and or services and products provided by One Orange Cow, you confirm that you are at least 18 years of age or if you are under 18, you have the consent of your parent or guardian. You also confirm that you are legally competent to enter into the terms of service, conditions, and warranties, which are contained herein.
  4. Invalidity or Unenforceability of Terms & Conditions and Terms of Sale

  5. If any of these provisions, words, sentences or interpretations contained within the Terms & Conditions and Terms of Sale are found by a competent court or tribunal to be invalid or unenforceable then that provision, word, sentence or interpretation only shall be deleted and the remainder of the Terms & Conditions and Terms of Sale shall continue to be binding on both One Orange Cow and you.
  6. Jurisdiction


  7. These Terms & Conditions shall be governed by the law of the State of New South Wales and the Commonwealth of Australia respectively.
  8. Description of Service


  9. One Orange Cow provides the following services;
    1. Business Consulting
    2. Marketing Consulting  
    3. Website Design services as well as other website services which may include, but is not limited to, website support, email accounts, and any other website or internet related service.
  10. Excluded services from the work, unless specified in your quote and invoice:
    1. Computer upgrades, 
    2. Computer Setup and Computer support, 
    3. Email device setup (we will give you all the settings you need, and refer you to some great Technicians if needed
    4. Integration with external CRM’s
    5. Public Relations 
    6. Media costs (advertising for print, or online)
    7. Photography/video recording
    8. Purchase of copyright images
    9. Google Adwords or other Pay-per-click costs
  11. Communication

  12. One Orange Cow will communicate with you electronically by way of e-mail, telephone or any other means considered appropriate. By accepting these Terms & Conditions you agree to receiving communication by way of email for information including agreements, disclosures, notices or any other communication which One Orange Cow believes may be of benefit to you or your business.
  13. Acceptable Use of This Site and Products & Services


  14. You agree that your use of this site and any products and services, which One Orange Cow may provide you with, whether by One Orange Cow directly or indirectly, will be in a manner that abides by all applicable laws and regulations. Additionally you agree not to engage in activity using our products or services in any way that:

    1. Is unlawful, threatening, abusive, harassing, slanderous, violent, invasive of privacy, offensive to ethnic or minority groups, pornographic or ion anyway harmful to minors.

    2. Is an infringement of patents, trademarks, copyrights, trade secrets, or any other intellectual property rights.

    3. Advocates unacceptable community behaviour or criminal activity.

    4. Is fraudulent or deceptive.

    5. Transmits software viruses, worms, Trojan horses or any other material which may damage, disrupt, survey, or impair the functioning of any hardware, software, server, communication system, or computer related peripherals. 

    6. Creates a false identity, which is specifically designed to mislead or induce others to engage in any activity, conduct, or acceptance of any service or product or any other agreement.  

    7. May or be likely to cause One Orange Cow or any of its clients to come into disrepute.

  15. You agree that you are fully responsible for content contained on your website including all text and images 
  16. One Orange Cow is harmless and not responsible in the event that any legal proceedings are instituted against you for your business practices or content. 
  17. One Orange Cow may terminate any dealings with you should you be in violation of the Terms of Service.
  18. Intellectual Property

  19. One Orange Cow may terminate any provision of products and services where copyright infringement is found to have been caused by you either directly or indirectly. You agree to ensure that any information or content requests are original and free from any third party copyright or trademark protection or have obtained written permission from the IP owner for its use. Any content you provide to One Orange Cow will remain your own Intellectual Property.
  20. International Usage


  21. As with the global nature of the internet, you agree that you will identify and comply with all rules, laws, and regulations of online conduct and content which is acceptable for your use of our products and services. You also agree to familiarise yourself and your agents with the laws relevant to the collection and dissemination of personal data and the laws relevant to the transmission of any other data.
  22. Limitation of Liability


  23. You agree that One Orange Cow, it’s subsidiaries, officers, employees and any agent contracted by One Orange Cow shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damage for loss of profits, goodwill, use, data, or any other intangible losses. Such limitation of liability shall apply whether the damages arise from the use or inability to use the services and products of One Orange Cow, reliance on One Orange Cow services, or from the interruption, suspension or termination of One Orange Cow services (including any damage incurred by any other third party). This limitation shall also apply to any costs of procurement of substituted services or products.

  24. You agree that One Orange Cow shall under no circumstances be liable for any delay or any performance failure by whatever means which results wither directly or indirectly from acts of nature, forces or causes which are beyond the reasonable control of One Orange Cow, including without limitation to internet failures, computer failure, telecommunication failure, equipment failure of any kind, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour and/or materials, floods, fires, explosions, storms, illness, accidents, acts of God, government action, war, orders of domestic or foreign courts and tribunals, and the non performance of any third party.

  25. You agree that at no time shall One Orange Cow be liable to any more than a refund of any monies paid by you or your company.
  26. Tort Claims


  27. You agree that you waive all and any tort claims that arise through any act or omission against One Orange Cow, its subsidiaries, its officers, employees and any contracted agents now or at any time within eight years of the date of your last dealings with One Orange Cow. The relationship between you and One Orange Cow shall be contractual in nature only.
  28. Indemnification


  29. You agree to defend, indemnify and hold harmless One Orange Cow, its directors, officers, employees, or contracted agents from and against all claims and expenses, including legal fees that may arise from or be the result of any content, service or product which is provided upon your website or electronic database.
  30. Negative Comments / Slander


  31. You agree not to engage in any negative comments or slander regarding One Orange Cow or any person associated with One Orange Cow, including but not limited to publishing, or causing to be published, complaints or any derogatory comments related directly or indirectly to One Orange Cow or any person associated with One Orange Cow in any format, including but not limited to, print, newspapers, television, radio or on any internet website, including but not limited to, blogs, feedback pages, or any internet communication forum whether private or public. Should there be a breach of this condition you agree that One Orange Cow shall be entitled to liquidated damages at a rate which will be decided upon for any perceived or real loss to commercial activity, for each and every posting and day or days that the posting remains active and visible to any person. One Orange Cow shall also be entitled to litigate the breach of this condition and obtain financial damages and any injunctive reliefs found to be necessary. 
  32. One Orange Cow Employees & Contractors


  33. You agree that at no time shall you or any member, employee, or agent of your company or business approach, communicate with or discuss with any employee or contractor of One Orange Cow any matter with the intention of having that employee or contractor provide your business with services or products, which are not processed through One Orange Cow. You agree that you shall not offer employment of any kind to employees or contractors of One Orange Cow. Any breach of this condition may at the discretion of One Orange Cow result in:

    1. Automatic cancellation of products or services being provided to you now or at any time in the future. 
    2. A financial penalty being imposed upon you for a sum as determined by One Orange Cow, which reflects the economical and physical loss, including reasonable future loss, suffered by One Orange Cow for your unauthorised use of human resources associated with One Orange Cow.
  34. Purchase of One Orange Cow Products and Services

     

  35. A contract of sale of any product or service shall only be entered into when One Orange Cow formally accepts an oral or written order, electronic or otherwise, from you.

  36. One Orange Cow may refuse to sell or supply any product or service before or during the performance of any contract between One Orange Cow and you. Any refusal will be identified to you in writing, unless prevented by any law or reasonable request made on or on behalf of any law enforcement or government agency.

  37. Any request for a variation or cancelation of an order for products or services provided by One Orange Cow shall be made in writing by you and approval for the alteration or cancellation shall be at the discretion of One Orange Cow.

  38. The price of products and services provided by or on behalf of One Orange Cow shall be the sum of:

    1. The price of the products or services as quoted by One Orange Cow, or if no quote has been provided, the price which is considered by One Orange Cow to be fair market value at the time of delivery of the product or service to you.

    2. Any taxes or surcharges, which are payable in relation to the product or service
    3. Any storage, transmission, freight, courier, or other costs which relate specifically and directly to the delivery of the product or service to you.

    4. All products and services shall be paid for before delivery unless prior agreement has been received from One Orange Cow.

    5. You shall not deduct any sum from the due amount on any invoice provided to you by One Orange Cow for any reason whatsoever.

  39. Delivery of products and services shall be delivered to you at an address whether physical or electronic which you shall provide to One Orange Cow at the time of entering into any contract with One Orange Cow.

  40. If One Orange Cow is directed by you to deliver products and services to a physical address the following shall apply:

  41. The invoice and/or delivery docket provided by One Orange Cow shall be conclusive evidence that the product or service as requested by you has been delivered in full.

  42. You shall be present at the agreed date and time of delivery, if delivery is delayed for some unforeseen circumstance you agree to be present at the time and date which delivery is anticipated and advised to you. Should you or an agent approved by you in writing not be present at the time and place of delivery then the products or services may be unloaded at the most accessible entry point and One Orange Cow shall not be responsible or liable for any loss which may occur.

  43. One Orange Cow reserves the right to charge additional costs for delivery charges incurred by One Orange Cow for delivering any product or service to you.

  44. Upon delivery you shall immediately inspect the product or service and provide written notice within seven days from the date of delivery of any irregularity in quantity or description of any defects. If written notice is not received by you within seven days delivery of the product or services shall be deemed to be complete without issue.

  45. Where a written notice is provided within seven days to One Orange Cow an inspection shall be conducted of the product or service by a representative of One Orange Cow. You are obliged to retain the product or service as you received it until a time in which One Orange Cow is able to inspect the product or service. Failure to do so will result in a credit being unable to be provided by One Orange Cow.

  46. Should One Orange Cow provide you with a credit for any product or service as a result of the application of 
  47. then the credit shall be for the purchase price less any delivery, handling, or storage costs.
  48. Risk in any product or service passes from One Orange Cow to you upon delivery. Notwithstanding the passing of that risk:

  49. All products delivered by One Orange Cow to you remain the property of One Orange Cow until any and all monies owing by you to One Orange Cow have been paid in full. You shall upon demand return any product or service, which has not been paid for in full within three business days.

  50. Design and programming changes that are beyond the scope of a quote, may, at the sole discretion of One Orange Cow, be refused, or charged extra if changes become excessive. You will be notified at least one round of changes before this would take effect.

  51. Payment of Invoices

  52. If an invoice to One Orange Cow or its contractors remains outstanding past the due date, we will advise you that continued non-payment will result in suspension of services. This may include the suspension of your website. Payment is not deemed to have been made until it appears in our bank account. 
  53. Invoices unpaid past 14 days incur interest of 10% per calendar month, calculated monthly.
  54. All Pricing is in Australian Dollars