By using any Datariver products or services, you are agreeing to these terms and conditions. These conditions can be changed at any time and will be reflected on this website. The terms of this agreement are governed by the laws in the state of Victoria, Australia. Customers are Updated Jan 18th, 2014.
1. Quotations & Order Availability
Datariver makes quotations based on a number of factors, including but not limited to: stock and supplier availability, variable cost prices , manufacturer relationships and staff skill/availability. Whilst we endeavour to proceed with any customer-accepted quotation, we reserve the right to later refuse the processing of a quotation that we issued based on whether such factors limit our ability to deliver the product or service.
Datariver products and services are supplied on demand, or aligned with any time-based billing arrangements, such as via a monthly or yearly bill. For example, hosting will be billed monthly or yearly, whilst a web design product will be a one-time purchase. It is a important that payment is made for such services within the given due date timeframe to keep your account in good standing. In most cases, if a payment is more than 14 days overdue, we reserve the right to charge a $10 late fee. After 30 days overdue, we reserve the right to suspend your service. After 40 days, we reserve the right to cancel your service. This may result in data loss where Datariver is not responsible. Note however that we will never delete your data without trying many means to contact you. If we are unable to contact you, or if you are unable to make a payment arrangement or negotiate an extension, data deletion may occur.
3. Liability of content in hosted services
Datariver provides hosting services that use multiple providers worldwide in order to provide faster and higher-value products and services to you. As such, Datariver depends on the content policies and terms that such providers hold. As a result, you agree that any content you hold on our hosting services align with these conditions. If some content is against the policies of one or more of our providers, or against these such conditions, we reserve the right to suspend your service and require removal of the offending content. Should removal not occur, we reserve the right to cancel and delete the account.
Customer hereby grants to Datariver the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Datariver hereunder, solely for the purpose of rendering Datariver' Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason. Content Standards. Customer agrees not to provide Customer Content, and Datariver will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Datariver reserves the right to refuse any other subject matter it deems inappropriate.
Customer Indemnity. Customer will defend Datariver against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Datariver for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Datariver as a result of any such third-party claim, action, suit, or proceeding.
5. Limited license to the Background Technology
"Background Technology" means computer programming/formatting code or operating instructions developed by or for Datariver and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Datariver. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Datariver. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
6. Limitation of liability
Datariver's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Datariver DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. Datariver SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Datariver HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, Datariver WOULD NOT ENTER INTO THIS AGREEMENT.
7. Your privacy
Your information will remain private within the Datariver Australia Group (head division of Datariver) & partners network upon registering with Datariver for services, news or information. This information will not be shared with third parties unless they are completely essential to the operation or maintenance of your service and our network as a whole. We will never spam you, nor ask for your password or sensitive information over email.
A MATCH MADE IN THE CLOUDS
Datariver is a modern-focused design and technology services firm located in Melbourne, Australia.
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