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Purchase Terms & Conditions
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Click Saas (the “Services”).
As used in this Agreement, “Click Saas” means MGM Istream Pty Ltd and “Client”, “you”, or “your” means you. By clicking on the “Order Now” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Lindentech web site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Click Saas Site” refers to the Site located at the URLhttps://clicksaas.com, or any other successor Sites owned or maintained by Click Saas.
The client agrees to the following sale terms and conditions. If you do not agree to these terms and conditions please do not proceed to finalise payment.
- clicksaas.com (Click Saas) is site owned by MGM Istream Pty Ltd.
- Click Saas resells software code and provides web hosting services.
- Prices listed on the Click Saas site are in United States Dollars (USD).
- If the Client fails to pay for the monthly subscription renewal the client will lose access to the product they subscribed to. If a subscription is not renewed the Client acknowledges that they will lose all their data, access to the software and all software settings and configurations.
- You agree not to distribute or sell the software provided to you outside of the software license agreement.
- If you order a software package your purchase includes a software license to use the software and hosting services to host the software.
- The Client acknowledges that they are familiar with the features and functionality of the software they are purchasing. They understand all the features available, scope and limitations of the software.
- The client acknowledges that they have used the software demo and have familirised themselves with the software on offer and that refunds are not available.
- Click Saas does not provide a warranty or any guarantees for the software. The warranty for the software is with the developer of each software.
- When you choose a hosting product for software your server includes 10Gb of Hard drive space and 1 Tb of Traffic. If you require more hard drive space or more traffic you will need to upgrade to a higher server package.
- The parties agree that in no event shall Click Saas be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Click Saas from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
- The parties agree that in no event shall Click Saas be liable breaches or issues relating to software sold by Click Saas. The Client agrees that any software issues, malfunctions or other software issues are between the Client and the developer of the software.
- The Client agrees that their paid hosting begins on the day of purchase.
- The Client agrees to provide all materials and items requested by Click Saas to set up software. The Client agrees that handover of the software may be delayed if any requested items and materials are not provided in time.
- Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Click Saas server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Click Saas or any third party
- are defamatory, slanderous or trade libelous, threatening or harassing content of any type
- file sharing music, software, bit torrents, video or pictures that contains copyright
- proxy server software (any type) used to hide users IP or cache content
- are discriminatory based on gender, race, age or promotes hate
- contain any type of pornography or illegal drugs or substances
- contain viruses or other computer programming defects which result in damage to Click Saas, it’s servers or any third party
- Furthermore, the Client agrees it will fully indemnify and hold harmless Click Saas regarding any and all third party actions concerning the Client supplied content including full recovery of any associated legal costs.
- The Client agrees to use the software as per the instructions provided by Click Saas and/or by the developer of the software.
- Click Saas reserves the right to refuse service to anyone. Click Saas, in its sole discretion, may immediately suspend this Agreement if Client engages in any of the foregoing. If the breach is not rectified in 7 days, the account will be terminated. To report any unacceptable behavior by a third party using the Services, please contact [email protected]
- Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received at least 1 day before the renewal date of the respective month of cancellation.
- The Services, the Click Saas site, including without limitation, all products and services displayed or offered on the Click Saas site, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. Click Saas disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Click Saas specifically disclaims any warranty that:
- the services will be uninterrupted or error-free
- defects will be corrected as soon as possible
- there are no viruses or other harmful components
- the security methods employed will be sufficient
- In no event shall Click Saas be liable for damages resulting from loss of data, profits, use of the Click Saas site or any Click Saas products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Click Saas’s cumulative liability exceed an amount greater than one hundred US dollars (USD$100.00).
- Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication by email to [email protected] on the delivery date.
- If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.
- This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Lindentech. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.
- This Agreement is made under and shall be governed by the laws of Queensland, Australia, except with regard to it’s conflict of law rules.