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TERMS & CONDITIONS

Effective 18 August 2010

Please read this document in its entirety.

All users of our services will be bound by these terms and conditions. We may update them from time to time.

Your use of our services after the date on which updates are stated shows your unconditional agreement to them as set out below.

Definition Of Terms

The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:

Providing You With Service

We strive to provide a reliable 24-hour a day service. If you experience a service quality problem, we will do our very best to resolve it to your satisfaction as soon as possible after notification by you.

We agree to only use information provided by you to:


We agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it.

Using Our Services

You agree to:

Providing Us With Information

You agree to provide us with accurate information about yourself and your organisation.

In particular, you agree to ensure the customer name field of the sign-up form bears your full legal name.

You also agree to provide us with any information we reasonably ask for to help us provide services to you.

Payment Of Fees

In consideration of Swizzle Ltd providing you with the service, you agree to payment as follows:

All fees are due in full on or before the due date shown on the invoice.

If payment is not received by the due date, you will have 7 days from notification by us of the unsuccessful collection of fees, after which your cloud servers will be shut down, and re-establishment fee of $120.00 excluding GST will apply.

Overdue accounts referred to our debt collection agency will incur all costs of collection pursuant to the Fair Trading Act, 1986.

Payment of fees can only be made by direct credit or Internet banking unless previously approved by Swizzle.

Right To Refuse

Swizzle may at any time and without notice to the customer cancel, reject, or refuse to continue provision of the service without providing any reason for such rejection or refusal at any time prior to, or after, providing the service.

This right will not be unreasonably exercised.

Where Swizzle rejects, or refuses to continue providing service, the customer will be liable to pay any outstanding fees up to the date of cancellation.

Cancellation Of Service

Upon cancellation of services, all charges will cease at the end of your current billed period.

No part credit or refund will be issued for early cancellation.

Disclaimer Of Liability

Swizzle is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise.

Swizzle does not represent or warrant to the Customer that the Customer will receive continual and uninterrupted service.

In no event shall Swizzle be liable to the Customer for any damages resulting from or related to any failure or delay of Swizzle to provide service if such delays or failures are due to strikes, riots, terrorism, fire, inclement weather, acts of God, theft or vandalism or other causes beyond Swizzle's control, as defined by standard practices in the industry.

Such failure or delay shall not constitute a default under these terms and conditions.

Applicable Law

The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use.

If this act applies, all rights you may have under it apply in addition to the rights you may have in these terms and conditions.

Nothing in these terms and conditions will limit or exclude your rights under this act.

Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.

Indemnity

The Customer agrees to defend, indemnify and hold Swizzle harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided by Swizzle to Customer, including without limitation claims made by third parties (including clients of Customer) related to any false advertising claims, liability claims for products or services sold by Customer, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Customer for publication by Swizzle, but excluding those related to the negligence of Swizzle.

DISCLAIMER OF WARRANTIES

SWIZZLE'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

SWIZZLE SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL SWIZZLE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF SWIZZLE HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

IF SWIZZLE'S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, SWIZZLE SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO SWIZZLE FOR SERVICES, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION.