Terms

Contents

Eightball Media refers to Incontext Solutions Pty Ltd T/A Eightball Media ABN 23 125 456 724.

1. Agreement

This Agreement (the “Agreement”) is between Eightball Media Pty Ltd (“Eightball Media”, “we”, “our”, or “us”), a corporation incorporated in Queensland, Australia, and you, the client (“Client” or “you”) of the services provided by Eightball Media. By using the services provided by Eightball Media, you agree to the following terms and conditions.

2. Payment Terms

All fees are due upon receipt of the invoice. In the event that payment is not received by the due date, Eightball Media reserves the right to suspend or cancel services.

  • Service Fees – Client agrees to pay Eightball Media the fees associated with the Services outlined in the signed Proposal, Agreement, or Scope of Work. Unless otherwise agreed, all invoices will be billed monthly.
  • Late Payments – A late fee of 1.5% per month will be added to any outstanding invoices not paid within 15 days of the due date.
  • Termination Fees – In the event of cancellation, the Client will remain responsible for all fees due to Eightball Media until the cancellation date.

3. Terms, Termination & Reinstatement

Terms & Termination

  • Term of Agreement – Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services and shall continue on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section.
  • Termination by Client – Client may terminate this Agreement at any time by providing written notice to Eightball Media. All cancellation requests from the Client must be received by the 25th of the respective month of cancellation.
  • Termination by Eightball Media – Eightball Media may terminate this Agreement at any time, with or without cause, and may refuse service to anyone.

Suspension

If Eightball Media suspends any type of account for non-payment, Client shall be allowed to reinstate Client’s use of the Services within Five (5) business days of suspension upon approval from Eightball Media and the receipt of full payment of balances due.

Termination

Written notice to terminate a hosting account should be sent to [email protected] at least 7 days prior to the next billing cycle. If a Client terminates their account, Eightball Media will disable and remove the account(s). This usually happens within 2 days of when the client specifies the cancellation to take place, and all archives of the client’s website(s) and files will be removed. Should the client be in arrears for 30 days or more, as per section 2, the client’s site(s) may be terminated without further notice, and Eightball Media may not maintain or provide an archival copy of the Clients Web site(s) or files of any type. It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.

4. Disclaimer of Warranty

The services, including without limitation, all products and services displayed or offered in this agreement are provided to the client on an ‘as is’ basis and without warranty of any kind. Eightball Media disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing. Without limiting the generality of the foregoing, Eightball Media specifically disclaims any warranty that:

  • the services will be uninterrupted or error-free
  • defects will be corrected as soon as possible
  • there are no viruses or other harmful components
  • the security methods employed will be sufficient

5. Limitation of Liability

In no event shall Eightball Media be liable for damages resulting from loss of data, profits, use of any Eightball Media products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Eightball Media’s cumulative liability exceed an amount greater than one hundred dollars ($100.00).

6. Agreement

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Eightball Media. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.

This Agreement is made under and shall be governed by the laws of Australia, except with regard to its conflict of law rules. This Agreement and Eightball Media’s policies are subject to change by Eightball Media without notice. Continued usage of the Services after a change to this Agreement by Eightball Media or after a new policy is implemented and posted on the Eightball Media Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Eightball Media Site for any changes or additions.

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