Terms and Conditions
By ordering or using the IntoResults Services, you acknowledge that you have read the Agreement and agree to its terms and conditions and all policies posted by IntoResults.
Terminology
'Client' - The organization or individual that is paying for a license to use THE SOFTWARE.
'The Software' - All software and business systems, graphic design, documents and drawings created by IntoResults.
'IntoResults' - The software and marketing company IntoResults.com a partner of Bluehype Pty. Ltd.
Services and Support
The Services are provided subject to this Agreement, as it may be amended by IntoResults, and any guidelines, rules or operating policies that IntoResults may establish and post from time to time. By posting updated versions of the Agreement on the IntoResults website, or otherwise providing notice to you, IntoResults may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at IntoResults website.
You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files.
Fees and Payment
Fees associated with all Services are to be paid in advance. Certain services may carry a set-up fee charged by IntoResults to the Client that must be paid by the Client in order to have use of the Services. For Services requiring subscription payments, IntoResults shall debit the Client's credit card.
IntoResults shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to us. If Client terminates this Agreement, the Client shall be responsible for any outstanding fees owed to IntoResults and agrees to pay any and all fees incurred.
The Fee Schedule, including subscriber levels and prices, is subject to change at any time in IntoResults discretion. IntoResults will attempt to notify you via email prior to the effectiveness of any change to the Fee Schedule.
Email, Image Hosting and Permission Practises
Every email message sent in connection with the Services must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Email Privacy Policy. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
You agree to import, access or otherwise use only permission-based lists (purchased lists may not be used).
If you have used the IntoResults feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient.
You cannot mail to distribution lists, newsgroups, or Spam email addresses.
Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, IntoResults cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. IntoResults, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
IntoResults, at its own discretion, may immediately disable your access without refund to the Services if IntoResults believes in its sole discretion that you have violated any of the email and permission practices listed above.
Restrictions and Responsibilities
IntoResults will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties unless required by law.
You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
Unless you are an authorized IntoResults Reseller, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content, including but not limited to newsletters, distributed to you by IntoResults in connection with the Services. Violation of these restrictions may result in the termination of this Agreement.
You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the federal SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third-party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless IntoResults and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that IntoResults has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although IntoResults has no obligation to monitor the content provided by you or your use of the Services, IntoResults may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by IntoResults.com" or a similar message.
In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to IntoResults. IntoResults may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of IntoResults, IntoResults may share your information with the Marketing Partner and the Marketing Partner may share information with IntoResults. IntoResults will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from IntoResults due to unsolicited commercial email being sent from your IntoResults account.
If you receive special discounts through a Marketing Partner, those discounts may not be available if you cease to continue to be a customer of the Marketing Partner, in which case IntoResults standard rates will apply. The Marketing Partner may notify IntoResults of any change in your status.
Client Content
Client agrees not to distribute, electronically transmit or display any materials 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 IntoResults or any third party;
- Are defamatory, slanderous or trade libelous;
- Are threatening or harassing;
- Are discriminatory based on gender, race, age or promotes hate;
- Contain viruses or other computer programming defects which result in damage to IntoResults or any third party;
- Violate any IntoResults policy posted on the IntoResults Sites including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
Disk Space and bandwidth
If the disk space or network bandwidth that is allocated to you by IntoResults is exceeded, you agree to pay any additional fees and/or having the Service temporarily suspended.
The rate for exceeding your bandwidth, or for additional web space, will be charged at the current rate advertised on the IntoResults Site. These prices are subject to change without notice, and Client agrees to pay any overuse charges.
Term, Termination and Reinstatement
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue to be in effect until termination of all Services.
Either party have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, the Client must do so by sending a termination request through our contact form at least ten (30) days before the next monthly period to avoid additional charges. The termination request must include the client name, username, password and the details of the cancellation request. There are no refunds for any fees paid.
The Client is responsible for removing all information from the database before the day for which the termination is requested. IntoResults will not be held responsible for any information deleted or lost under any case.
If IntoResults suspends a Client's Service for non-payment, then a Client can re-instate their Service within five (5) days of suspension upon approval from IntoResults and full payment of balances due.
Limitation and liability
In no event will IntoResults be liable to the client for any indirect, incidental or consequential damages arising out our Services or any products provided under any agreement, even if IntoResults has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the Customer.
IntoResults liability to the Customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to 100% of the Fees paid for the prior 12 months.
Miscellaneous
The Agreement shall be governed by the laws of the Commonwealth of Australia, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Queensland, Australia.
IntoResults and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
Intellectual Property
All intellectual property rights in any design work, documents, drawings and information created by IntoResults will remain at all times the property of IntoResults. A license is issued to the customer for use of THE SOFTWARE produced for the hosting period on payment of the invoices for the project.
Where information is taken from other sources or databases it is the responsibility of the client to ensure that there is an agreement for supply of this information with the owner.
Direct Debit Request Service Agreement
The following is your Direct Debit Service Agreement with the Client. The agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit Provider.
We recommend you keep this agreement in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form.
1. Definitions
account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.
agreement means this Direct Debit Request Service Agreement between you and us.
banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
debit day means the day that payment by you to us is due.
debit payment means a particular transaction where a debit is made.
direct debit request means the Direct Debit Request between us and you
us or we means IntoResults.com, (the Debit User) you have authorised by signing a Direct Debit Request.
you means the customer who has signed or authorised by other means the Direct Debit Request.
your financial institution means the financial institution nominated by you on the DDR at which the account is maintained.
2. Debiting Your Account
2.1. By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
2.2. We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. Or We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
2.3. If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
3. Amendments by us
3.1. We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
4. Amendments by you
4.1. You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least fourteen (14 days) notification by writing to: admin@bluehype.com.au or by telephoning us on 1300 797 439 during business hours or arranging it through your own financial institution.
5. Your obligations
5.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
5.2 If there a re insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
5.3 You should check your account statement to verify that the amounts debited from your account are correct
5.4 If Bluehype Websites is liable to pay goods and services tax ("GST") on a supply made in connection with this agreement, then you agree to pay Bluehype Websites on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
5 Dispute
5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 1300 797 439 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up with your financial institution direct.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
6 Accounts
6.1 You should check:
(a)with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
(b) your account details which you have provided to us are correct by checking them against a recent account statement; and
(c)with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
7 Confidentiality
7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, odification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you: to the extent specifically required by law; or for the purposes of this agreement (including disclosing information in connection with any query or claim).
8 Notice
8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to Bluehype Websites
8.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.
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