Terms and Conditions

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Customers of North Avenue agree to be bound by these Standard Terms and Conditions.

Standard Terms and Conditions shall be subject to variation at the sole discretion of North Avenue.

Your use of North Avenue indicates acceptance of these terms and conditions.

Your use of North Avenue shall in no way represent or otherwise be a contracting out of your responsibilities under any law, for example as under the Work Health and Safety Act.

North Avenue reserves the right to have Supplemental Agreements and Customers agree to also be bound by those terms.

Intellectual Property

All material produced by North Avenue shall remain the intellectual property of North Avenue, and subject to copyright.

Material shall only be under the ownership of the Customer when this is agreed to by North Avenue, and North Avenue shall always retain Moral Rights including over authorship and works creation.

You must not copy, modify, reproduce, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the works of North Avenue in any way except as expressly authorised in writing by North Avenue.

You must not use material developed or provided by North Avenue for any manner or purpose which is unlawful or which in any way violates any way the right of the owner of the Copyright, except as otherwise explicitly stated in the licensed material or otherwise authorised in writing by North Avenue.

All rights not expressly granted in these terms and conditions are reserved. 

North Avenue shall only have been deemed to have released information into the creative commons when explicitly stated in accordance with Creative Commons Licenses, and reserves the right to from time to time release information under a Creative Commons License.

Payment

Payment shall be made in full by Customers within terms specified on invoices.

Payment shall be considered to be made in full when funds are cleared and paid into the North Avenue nominated bank account.

If pre-payment is an agreed term with the client, services shall be provided after receipt of the agreed amount and funds have been cleared into the banking account of North Avenue unless otherwise stated and agreed by North Avenue. In the event of non-payment, North Avenue shall not be deemed to have breached a contract or hold any responsibility for any losses of any kind.

Non-payment shall be considered a breach of any contract with North Avenue and North Avenue reserves the right to terminate the contract for non-payment.

Service Delivery

North Avenue shall ensure that services are provided by appropriately qualified professionals at all times.

North Avenue shall provide reports and accounts in line with Customer agreed timeframes.

North Avenue shall consult with Customers to establish Service Level Agreements, and services delivered shall be in line with the Service Level Agreement and agreed performance targets.

Disclaimer of Liability and Warranties

Rights and remedies in relation to the provision by North Avenue of goods or services which cannot be excluded, restricted or modified (Non-excludable Rights) are conferred on you by The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation in Australia. 

North Avenue does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Under no circumstances (including but not limited to any act or omission on the part of North Avenue) will North Avenue be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the services and materials provided by North Avenue.

You agree to indemnify North Avenue (its affiliates and their respective Employees and Officers) against any loss or damage suffered, or costs incurred, in connection with your use of the services provided by North Avenue, or any breach of the Terms and Conditions or any other legal obligation.

Except as Provided for by the Non-excludable Rights:

Content is provided without warranties of any kind, either express or implied.

North Avenue makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for a particular purpose of any Content.

North Avenue does not warrant or represent that: 

1. The Content of provided material will not cause any damage; 
2. The functions contained in any Content, or your access to linked third party Websites, will be reliable, uninterrupted or error-free; 
3. Any defects will be corrected; or 
4. That the linked third party Websites or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors.

North Avenue Does Not Warrant or Make any Representation Regarding:      

1. Any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; 
2. The functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites you assume the entire cost of any necessary verification of any relevant Content which you wish to have verified, and
3. Y or for any losses ou agree that you use the linked third party Websites and rely on material contained in these Websites at your own risk.

In the Case of Services (and Goods as Applicable) Supplied or Offered by North Avenue:

To the fullest extent permitted by law, North Avenue’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of North Avenue to the following: 

1. The supply of the services again; or 
2. The refund (in either part or full at the discretion of North Avenue following discussion with the Client) of the cost of having services supplied; and

In the Case of Goods Supplied or Offered by North Avenue:

To the fullest extent permitted by law, North Avenue’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of North Avenue to the following: 

1. The cost of repair of the goods; 
2. The reasonable cost of replacement of goods or the supply of equivalent goods;
3. The payment of the reasonable cost of repairing the goods; or 
4. The payment of the reasonable cost of replacing the goods or acquiring equivalent goods

Severability

If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.

North Avenue values its Customer relationships and will make every effort to resolve issues with the Customer; however reserves the right to terminate the Customer business relationship at any stage in the event that resolution is not achieved, such as non-payment of accounts within agreed terms.

Governing Law

This agreement shall be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law.

You agree to submit to the jurisdiction of the courts and tribunals of New South Wales by using the services of North Avenue.

Links

There will be times when material provided by North Avenue contains pointers and links to internet websites operated by and material provided by third parties. These linked websites and this linked material are not under the control of North Avenue, and North Avenue is not responsible for the contents contained therein and shall bear no responsibility for damages and/or losses  from use of those links. 

These links are provided to you as a convenience only, and the inclusion of said link does not imply approval of material, sponsorship or endorsement of the third party website, by North Avenue.

North Avenue makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Content is linked.

You link to any such website entirely at your own risk and North Avenue shall bear no responsibility for any damage or loss incurred from such links. 

When visiting other websites you should not rely on this agreement and should refer to each such website’s individual terms of use.

Advertising and Third Party Offers

Linked third party Websites at times include third party advertisements(including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. North Avenue takes no responsibility for these third party websites or third party advertisements posted on these linked Websites.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by North Avenue, and the third party advertiser is solely responsible to you for all aspects of processing and delivery of any goods or services you purchase on the third party website (eg. processing payments, cancellations and returns, and customer service and complaints).

On certain occasions, North Avenue will provide you with the opportunity to purchase goods or services from third party suppliers or carriers (where North Avenue does not offer the goods or services itself). North Avenue does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such goods or services, or that such goods or services comply with all applicable product safety and consumer product information standards.

Any purchase of goods or services you may make from any such third party represents a separate contract with that third party supplier for those goods or services. Such purchases may be subject to separate terms and conditions imposed by that third party supplier. 

It is your responsibility to determine the terms and conditions imposed by that third party supplier on any transactions you may carry out. North Avenue is not in any way responsible or liable for any failure in relation to: 

1. The communication from you to that third party; 
2. That third party’s failure to deliver the goods or services ordered; 
3. The condition of the goods or services on delivery;
4. The payment of any goods or services tax (or similar tax) payable on the supply by that third party of the goods or services or the importation of the goods and services by you; and 
5. Any loss incurred by you through currency fluctuations when purchasing the goods or services from that third party.