Netlinks
ABN: 60034899446
Last Updated: January 2025

1. Introduction

Welcome to Netlinks. By using our website and services, you agree to these Terms and Conditions. If you don’t agree, please don’t use our website or services.

2. Our Services

Netlinks provides website design, website hosting, SEO (Search Engine Optimisation), and digital marketing services. Service details and pricing are outlined in individual agreements with each client.

3. Your Responsibilities

When using our website or services, you agree to:

• Provide accurate and complete information
• Use our services lawfully and not for any illegal purpose
• Not interfere with the operation of our website
• Not copy or reproduce our content without permission
• Maintain the confidentiality of any login credentials we provide
• Notify us promptly of any security breaches or unauthorised access

4. Client Content

You are solely responsible for all content you provide to us or publish on your website, including text, images, videos, and files. You warrant that your content:

• Does not infringe any third-party intellectual property rights
• Is not defamatory, misleading, or deceptive
• Does not violate any Australian laws or regulations
• Does not contain malware, viruses, or harmful code

We reserve the right to refuse or remove any content that violates these terms or that we consider inappropriate.

5. Payments

Payment terms are outlined in your individual service agreement. We reserve the right to suspend or terminate services if payments are overdue. All fees are in Australian dollars and inclusive of GST unless otherwise stated.

6. Intellectual Property

All content on this website (including text, images, logos, and designs) belongs to Netlinks unless otherwise stated. You may not copy, reproduce, or use our content without written permission.

Work we create for you becomes yours once paid for in full, unless otherwise agreed. We may retain copies for our portfolio and records.

7. SEO and Digital Marketing Disclaimers

Search engine optimisation and digital marketing involve factors outside our control. You acknowledge that:

• We do not guarantee specific search engine rankings or positions
• Search engine algorithms change frequently and can affect results
• Results vary depending on competition, industry, and other factors
• Past performance does not guarantee future results
• We are not liable for changes made by Google or other platforms that affect your rankings or advertising

8. Website Hosting

If you use our hosting services, you acknowledge that:

• We do not guarantee 100% uptime and are not liable for losses arising from downtime, outages, or interruptions
• Scheduled maintenance may cause temporary unavailability
• We perform regular backups as a courtesy, but you are responsible for maintaining your own backups of critical data
• We are not liable for data loss, corruption, or security breaches beyond our reasonable control
• We may suspend hosting services if your website is used for illegal activities, spam, or causes harm to our servers or other clients

9. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our services are provided “as is” without guarantees of specific results
• We are not liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or business opportunities
• We are not liable for any losses arising from third-party services, platforms, or software
• Our total liability for any claim is limited to the amount you paid for the relevant service in the 12 months preceding the claim

10. Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.

Where permitted, our liability for breach of any consumer guarantee is limited to resupplying the services or paying the cost of having them resupplied.

11. Indemnification

You agree to indemnify and hold Netlinks harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your breach of these Terms and Conditions
• Your content or materials provided to us
• Your use of our services
• Any claim that your content infringes third-party rights

12. Third-Party Services

Our services may involve third-party platforms, software, or providers (such as hosting infrastructure, domain registrars, Google, Meta, or other advertising platforms). We are not responsible for the terms, policies, availability, or actions of these third parties. Your use of third-party services is subject to their respective terms and conditions.

13. Domain Names

If we register or manage domain names on your behalf:

• You are responsible for ensuring the domain name does not infringe any trademarks
• Domain registration is subject to the policies of the relevant registry
• We are not liable if a domain name becomes unavailable or is disputed
• Renewal fees are your responsibility, and we are not liable for domains that lapse due to non-payment

14. Force Majeure

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, power outages, internet or telecommunications failures, cyberattacks, government actions, pandemics, or acts of third parties.

15. Cancellation and Refunds

Cancellation terms are outlined in your individual service agreement. Generally:

• Monthly services can be cancelled with 30 days’ notice
• Fees paid for completed work are non-refundable
• Deposits for custom work are non-refundable once work has commenced

16. Privacy

We handle your personal information in accordance with Australian privacy laws, including the Privacy Act 1988 (Cth). Please refer to our Privacy Policy for details on how we collect, use, and protect your data.

17. Communication

By engaging our services, you consent to receiving communications from us via email, phone, or SMS regarding your services. You can opt out of marketing communications at any time.

18. Termination

Either party may end a service agreement as outlined in the individual agreement terms. We reserve the right to refuse or terminate service to anyone for any reason, including breach of these terms. Upon termination, you remain liable for any outstanding fees.

19. Dispute Resolution

If a dispute arises, both parties agree to first attempt to resolve it through good-faith negotiation. If unresolved within 30 days, either party may pursue mediation before taking legal action.

20. Changes to These Terms

We may update these Terms and Conditions from time to time. We will notify active clients of significant changes. Continued use of our website or services after changes means you accept the updated terms.

21. General

• Severability: If any part of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force.
• Entire Agreement: These terms, together with any individual service agreement, constitute the entire agreement between you and Netlinks.
• Assignment: You may not transfer your rights or obligations under these terms without our written consent.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

22. Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria.

23. Contact Us

If you have any questions about these Terms and Conditions, contact us:

Netlinks
Phone: 0448 399 811
Website: netlinks.com.au

By using our website or services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.