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FINANCE TOOLS - TERMS AND CONDITIONS AGREEMENT

The following standard terms and conditions apply to all Services provided by Finance Tools. This includes website hosting and domain registration and related services. The conditions outlined below are based on standards that have been generally adopted by the Australian web hosting industry. The web hosting terms and conditions are not intended to unduly restrict customers in the way they use their website. The intention is to protect our customers as well as Finance Tools so that the company can provide a high level of service for all customers.
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

This is a legal agreement between you ("Licensee") and Finance Tools. This agreement applies to licenses and related products issued via the web and via local sales representatives, and is applicable to online, digital and analogue (physical) delivery of licensed material (the "Agreement").


1   . LICENSE
2   . DOMAIN REGISTRATION FEES
3   . COMPLIANCE WITH THE LAW
4   . LIMITATION OF LIABILITY
5   . DISCLAIMER OF WARRANTIES
6   . INDEMNITY
7   . PRIVACY
8   . PAYMENT
9   . DEFAULT
10 . CANCELLATION OF SERVICES
11 . OUR REFUND POLICY
12 . AGREEMENT


1. LICENSE

Finance Tools grants you non-exclusive limited license to use the web templates and other products sold through our web site (the "products") in accordance with these Terms and Conditions (the "license") issued by our company.

a) LIMITED USAGE GRANTED

You may use each individual product on a single website only. You have to purchase the same template once more in order to make another project with the same design.

b) UNAUTHORIZED USE

You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale of any kind. All products provided are the copyright property of Finance Tools. Use of the product is governed by the Copyright Legislation of Australia and is further regulated by the Licence Agreement between Finance Tools and the licensee.

c) ASSIGNABILITY

You may not sub-license, assign, or transfer this license to anyone else without prior written consent from Finance Tools.

d) OWNERSHIP

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are the property of Finance Tools. All products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.


2. DOMAIN REGISTRATION FEES
When a customer places an order for domain registration with Finance Tools all fees paid in relation to the registration are not refundable. The Domain Registrar will not refund fees for domains incorrectly registered (e.g. spelling mistakes) or for cancelled domains. Finance Tools does not represent or warrant the availability or registration ability of any domain name to the Customer. The Customer agrees that it will have no rights or cause of action against Finance Tools if a domain name cannot be registered.

3. COMPLIANCE WITH THE LAW
In using Finance Tools services the Customer must abide by all applicable State laws in Australia, laws of the Commonwealth of Australia and if applicable the laws of the county where the Customer is physically located. Any violation of this provision can result in termination of services and this Agreement without notice at the absolute discretion of Finance Tools.

4. LIMITATION OF LIABILITY
Finance Tools does not warrant to the Customer that the Customer will receive continual and uninterrupted services during the term of this Agreement. In no event shall Finance Tools be liable to the Customer for damages resulting from or in relation to any system failure, data loss or delay in providing services under this Agreement, if such delays, data loss or system failures are due to circumstances beyond the control of Finance Tools. Such incidences of data loss, delay or system failures shall not constitute a default under this Agreement and Finance Tools, its directors, agents or employees will not be liable in any way for any form or loss or damage of any nature whatsoever suffered, whether arising directly or indirectly, by the Customer or any person related to or dealing with the Customer out of, in connection with or reasonably incidental to the provision of the services by Finance Tools to the Customer.

5. DISCLAIMER OF WARRANTIES
While Finance Tools uses all reasonable care in providing Web Hosting and other Services, Finance Tools shall not have any liability in respect of any loss or damage resulting from the provision of the service, errors or omission in information provided in relation to the service. Finance Tools' liability in the event of failure to provide adequate service shall not extend beyond the cost of providing a comparable service.

6. INDEMNITY
Client agrees to defend, indemnify and hold Finance Tools harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the Services provided by Finance Tools to Client under this Agreement, including without limitation claims made by third parties (including clients of our customers) related to any false advertising claims, liability claims for products or services sold by the Customer, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by the Customer using the Services, but excluding those directly caused by the negligence of Finance Tools.

7. PRIVACY
Subject to the provisions of the Privacy Act 1988 (Cth), Finance Tools may;
Disclose information about you (including information contained in this application and information relating to the conduct of your account) for the purpose of obtaining and maintaining a credit information file about you, and to another credit provider or a collection agent for the purpose of collecting overdue payments relating to credit owed by you notifying defaults by you;
Obtain and use information about your credit worthiness (including a consumer or commercial credit report) from a credit reporting agency, credit provider or other business that reports on creditworthiness.

8. PAYMENT
All charges payable by you to us for any services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our web site and/or in accordance with invoice provided and shall be due and payable within seven (7) days of receipt of our invoice thereof.
Finance Tools will issue tax invoices for services by email, ordinary mail or facsimile. Where payments by Customers are made by bank account direct debit or auto renewal credit card payment, Finance Tools may elect not to issue an invoice for services. The relevant bank or credit card statement shall serve as the invoice. If a Customer requires that a separate invoice be issued the request must be made in writing.

9. DEFAULT

The provision by Finance Tools of any services is contingent upon our having received payment in full from you in respect of the relevant services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of services to you. This may include the suspension of your website and subsequent deletion of data contained therein should the site be cancelled as a result of non-payment of your account.

If you default in payment of any invoice when due, or any scheduled direct debit when due, you shall indemnify Finance Tools from and against all our legal costs and disbursements for collection or attempted collection of the defaulted amount. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment. 

If you default in payment of any scheduled direct debit when due, a default fee will be payable by you in the amount of $25.

In the case of a dispute of an invoice;

You must notify Finance Tools within 7 days of the date of the invoice setting out the reasons for the dispute; you need not pay the disputed amount until the dispute is resolved and; you must pay any undisputed amounts by the due date.

10. CANCELLATION OF SERVICES
Unless otherwise stated a website hosting account may be cancelled by the Customer by giving 30 days notice. For purposes of security and protection of a Customer's interest all notification of cancellation must be in writing sent by email or ordinary mail and must be authorized by the account holder. Unless otherwise stated a website hosting account (and this Agreement) may be cancelled by Finance Tools by giving the Customer 30 days notice in writing. Such notice to be sent by email to the email address supplied by the Customer.

11. OUR REFUND POLICY
Since Finance Tools is offering non-tangible, irrevocable goods we do not issue refunds after the product is uploaded, which you are held responsible for understanding upon purchasing any article at our site or from our representatives.

12. AGREEMENT
Finance Tools reserves the right to change or modify current Terms and Conditions with no prior notice.
QA
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