All SiteGuru products and services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, SiteGuru Products and Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use these products or services.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
COMMENCEMENT OF THE AGREEMENT
This agreement commences on the date SiteGuru accepts the customer’s order for Services. No Contract shall come into existence until the Customer’s order has been accepted by SiteGuru and a deposit or up front payment is paid by the customer. The contract shall be deemed concluded at the time and place when the final service is completed and accepted by the Customer.
SiteGuru resells domain names through several auDA accredited registrars. Domain names ordered and paid for through this website (www.siteguru.com.au), are registered with different domain registrars under the clients credentials.
SiteGuru does not warrant or guarantee that the domain name applied for will be registered in the customer’s name or is capable of being registered by the customer.
The registration, transfer and/or renewal of a domain name and it’s ongoing use is subject to respective domain registrars and that they comply with them. The customer irrevocably waives any claims they may have against SiteGuru in respect of the decision of the registrar to refuse to register a domain name and, without limitation, agree that the administration charge paid by the customer to SiteGuru shall be non-refundable in any event.
SiteGuru accepts no responsibility in respect of the use of a domain name by the customer. Any dispute between the customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned. SiteGuru reserves the right, on becoming aware of such a dispute, to either suspend or cancel the account, and/or to make appropriate representations to the relevant authority.
The ordering of web-hosting services through this website and the ongoing use of web hosting services, are also subject to our Web Hosting Terms and Conditions and the customer is responsible for ensuring that they are aware of those terms and that they comply with them.
SiteGuru accepts no responsibility in respect of the use of a web-hosting service by the customer. Any dispute between the customer and any other individual or organisation regarding a website hosted on the customer’s web-hosting account must be resolved between the parties concerned. SiteGuru reserves the right, on becoming aware of such a dispute, to either suspend or cancel the account, and/or to make appropriate representations to the relevant authority.
GOOGLE ADS MANAGEMENT SERVICE
In addition to these General Terms and Conditions you must also comply with our Google Ad Terms and Conditions before ordering the Google Ads. The Customer acknowledges that they are aware of the contents of and agrees to be bound by these terms.
In addition to these General Terms and Conditions you must also comply with our Web-design Terms and Conditions before contracting SiteGuru to design and build a website. SiteGuru will provide a copy of those terms for the customer to sign and return upon commencement of a Web-design project.
CUSTOMERS WARRANTIES, LIABILITIES AND UNDERTAKINGS
The customer agrees to indemnify and keep indemnified and hold SiteGuru harmless from and against any claim brought against us by a third party resulting from the provision of services by SiteGuru to the customer and/or the customer’s use of services on-sold to the customer whereby SiteGuru acts as a reseller, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by SiteGuru in consequence of the customer’s breach or non-observance of these terms.
The customer warrants that they will keep secure any passwords used with the services provided by SiteGuru.
The customer further warrants that at the time of entering into this agreement they are not relying on any representation made by SiteGuru which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
The customer agrees that they are solely responsible for dealing with persons who access their service accounts and that they will not refer complaints or inquiries in relation to such access to us.
WARRANTIES AND LIABILITIES
SiteGuru accept liability for the supply of the Services to the extent provided in this agreement.
SiteGuru does not warrant that:
- the Services provided under this agreement will be uninterrupted or error free;
- the Services will meet the customers requirements, other than as expressly set out in this agreement; or
- Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of SiteGuru.
Except as expressly provided to the contrary in this agreement, SiteGuru excludes all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
SiteGuru gives no 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. No oral or written information or advice given by SiteGuru, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and the customer may not rely on any such information or advice.
SiteGuru’ total aggregate liability to the customer for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by the customer in respect of the services which are the subject of any such claim and provided that the customer notifies SiteGuru of any such claim within one year of it arising.
In no event will SiteGuru 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.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the customer pursuant to the Act, SiteGuru’ sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:
- the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired;
- the supplying of the Services again; or
- the payment of the cost of having the Services supplied again.
SiteGuru specifically exclude any warranty as to the accuracy or quality of information received by any person via the customer’s service product account and in no event will SiteGuru be liable for any loss or damage to any data stored on the customer’s account. The customer is responsible for maintaining insurance cover in respect of any loss or damage to their data stored on our servers.
SUSPENSION, TERMINATION OF SERVICE
SiteGuru may suspend or terminate the customer’s account if they breach any of these terms and conditions, or if they become insolvent or they are declared bankrupt.
From time to time SiteGuru may have to pause or disconnect the service without notice or deny the customer’s access to the Service during any technical failure, modification or maintenance involved in the Service. SiteGuru will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances the customer will remain liable for all charges due throughout the period of suspension.
If an account has been suspended or terminated due to the customer’s breach of these Terms and Conditions, reactivation of the account will be completely at the discretion of SiteGuru. If SiteGuru agree to reactivate the customer’s account, payment in full of all outstanding amounts and payment of a reactivation fee will be required by the customer.
If the customer should wish to terminate an account with SiteGuru for any reason they may do so by providing 30 days notice in writing. All fees and charges paid to SiteGuru by the customer for any products, service or Domain Name registration are non-refundable.
If SiteGuru should decide to terminate a customer’s account for reasons other than a breach of these conditions, SiteGuru can do so by providing the customer 30 days written notice. In this circumstance, SiteGuru will refund any remaining unused credit on the account. SiteGuru shall have no liability to you or any third party because of such termination or action.
No refunds will be given (including payment of yearly contracts) if the account has been terminated due to a breach of these Terms and Conditions.
FEES, CHARGES, PAYMENTS AND REFUND POLICY
All charges payable by the customer to SiteGuru for the Services will be in accordance with the relevant scale of charges and rates published from time to time by on the SiteGuru website and will be due and payable each month, in advance of service use. The customer’s account will only be created and setup for use once the first monthly payment has been received in full by SiteGuru.
Upon ordering a service through the SiteGuru website and accepting these General Terms and Conditions, the customer will be charged for the first month’s service in advance. The billing cycle begins from the date they register, even if the Service provided by SiteGuru does not become fully operational at that time. By accepting these Terms and Conditions the customer acknowledges that they will be direct debited four (4) weekly from the nominated credit card, from the original date of sign-up, until the account is terminated as per the ‘Suspension, Termination of Service’ section of these Terms and Conditions.
It is the customer’s responsibility to ensure there are sufficient funds available on the credit card being debited. If SiteGuru tries to process a payment and is unsuccessful for any reason, the customer will be informed via Email and SiteGuru will attempt to re-debit the account seven (7) days later. Should the debit be unsuccessful in the second attempt and no alternative payment method is agreed to between SiteGuru and the customer, SiteGuru will suspend the account until payment for the next billing month is received. Suspended accounts will be charged an additional fee of $5.50 to be reactivated. Accounts which have been suspended for a period of three (3) months or more may be terminated by SiteGuru. Terminated accounts will be completely removed from our servers, with all associated customer data deleted. The customer acknowledges that SiteGuru will not be held liable for any loss on behalf of the customer due to a terminated account. Reactivation of a customer’s account after termination has occurred is subject to the General Terms and Conditions and fees associated with all new accounts.
All prices quoted on the SiteGuru website are in Australian Dollars (AUD) and include government taxes (GST) unless otherwise noted. All charges paid for SiteGuru products and services are non-refundable.
The provision of services is contingent upon SiteGuru receiving payment in full from the customer in respect of the Services provided. Without prejudice to other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, SiteGuru reserves the right, to suspend the provision of all Services provided to the customer.
If a customer’s account is closed for any reason, the customer must pay all outstanding charges immediately. Failure to pay all outstanding charges may result in the account being passed to a third party collection agency. If a customer’s outstanding account is passed onto a third party collection agency the customer will be charged the full outstanding amount of the SiteGuru accounts plus any fees, charges and/or commissions associated with the costs of the collections agency.
ARCHIVING AND BACKUP YOUR DATA
While SiteGuru will archive the customer’s data on a regular basis for the purposes of disaster recovery, these backups may or may not be current and SiteGuru will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from the backups.
The customer may transfer this agreement provided that they give SiteGuru notice in the form required (setting out the details of the assignee) accompanied by payment of any transfer fee specified by SiteGuru. No other method of transfer by the customer is permitted.
These terms and conditions constitute the entire agreement between SiteGuru and the customer. It supersedes all prior agreements, understandings and representations whether oral or written.
These terms and conditions are governed by the laws in force in New South Wales. Both parties agree to submit to the exclusive jurisdiction of the Courts of that State.
NOTIFICATIONS & COMMUNICATIONS
By entering into this agreement the customer agrees to receive other email communications of a marketing and promotional nature from SiteGuru or SiteGuru partners unless the customer chooses to opt out of the SiteGuru mailing list. Any communications deemed to be an essential part of the SiteGuru service to the customer (E.G. Billing statements or renewal notices) will still be sent regardless of whether the customer has chosen to opt out of the SiteGuru mailing list.
LINKS TO THIRD-PARTY WEB SITES
This website may contain links to non-SiteGuru websites. These links are provided to you as a convenience, and SiteGuru is not responsible for the content of any linked website. Any non-SiteGuru web site accessed from this website is independent from SiteGuru, and SiteGuru has no control over the content of that website. In addition, a link to any non-SiteGuru web site does not imply that SiteGuru endorses or accepts any responsibility for the content or use of such web site.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by SiteGuru of that third party or of any product or service provided by a third party.