1. General and Definitions
    1. By signing an agreement with The eTraffic Group you are expressing your acceptance of these Terms and Conditions and all legal obligations associated with them.
    2. You are hereby advised to carefully examine this document which creates a legally binding contract between you as the Client and The eTraffic Group as the service provider with the sole purpose of regulating the following issues which come as follows.
    3. The following terms, definitions and expressions which are listed hereby are used in these Terms and Conditions with the proper meaning:
      • “Terms” are referring to these Terms and Conditions
      • “Clients” is referring to a person or company who/which is/are using the services as being in these Terms and Conditions
      • “Services” are referring to the work results provided by The eTraffic Group according to the specification and requirements of the Client. The Services can be both renewable and non-renewable in their nature.
      • “Agreement” is referring to the written and signed contract between the Client and The eTraffic Group
    4. This document is to regulate the general Terms and Conditions, including all other related issues which are not defined explicitly in the specifications of the written agreement
  2. Rights and Responsibilities of eTraffic
    1. The eTraffic Group is to provide its Services to the Client in accordance with?the specifications of the previously signed Booking Form Agreement.
    2. The eTraffic Group is fully entitled to decline the Client’s request for a refund or cancellation once the agreement with eTraffic is signed.
    3. The eTraffic Group is fully entitled to postpone the upload of the Client’s website or final delivery of other Services which are specified by the agreement until the payment for these Services is completed in full.
    4. The eTraffic Group can according to its sole discretion exercise its right to “terminate” the Client’s site or postpone the deliverables of other Services, because of the failures related to the payment obligations of the Client at any given moment.
    5. The eTraffic Group reserves the exclusive right to include additional payments and processing fees which come as the result of the situation described in the sections: 2.3 and 2.4.
    6. The eTraffic Group reserves the right to withhold all the results of its work and deliverables until the payment obligations are completely fulfilled by the Client.
    7. It is the The eTraffic Group’s right to ask for additional fees related to the requirements of the Client which were not part of the initially presented agreement.
    8. It is the eTraffic Group’s right to use the statistical data obtained from the Client’s website for the purposes of its own promotion and effectiveness, including the exclusive right to use the Client’s website details for the purposes of marketing and further referencing.
  3. Rights and Responsibilities of Client(s)
    1. Client(s) is/are to make payments for the Services provided by The eTraffic Group in accordance to the specifications of the previously signed written agreement.
    2. Client(s) is/are to provide all materials required by The eTraffic Group which are necessary for its work within 2 weeks of signing the agreement.
    3. Client(s) is/are obliged to give a previous written notice at least 30 days in advance for the cancelation of the Services which are associated with monthly/annual fees and maintenance.
    4. In case that additional services or modifications are to be required during the development process the Client is obliged to confirm them including the obligations to cover the expenses related to these issues.
    5. The Client is given a one week period to examine all the content and the features of the site which is declared by eTraffic as being complete. It is the Client’s right to suggest potential changes and modifications related to the work results and deliverables of eTraffic, which will expire after one week.
  4. The eTraffic Group Liability Limitations
    1. Any delay related to the obligation of the Client to provide all materials required by The eTraffic Group for its work during the period of 2 weeks after the signing of the agreement which may cause a further delay in the providing of the Services cannot be held against The eTraffic Group under any circumstances.
    2. The eTraffic Group cannot be held liable for the Client’s activities related to the downloading or storage of the prohibited materials such as illegal software, cracks, pornography; or which can be classified as obscene, fraudulent, harassing, intimidating, or threatening in any way including the Client’s illegal or fraudulent behavior.
    3. The eTraffic Group is not to be held liable under any circumstances for the content on the Client’s website.
    4. The eTraffic Group is hereby not to accept any responsibility for any potential data loss or various security issue related problems. This is described as “The Acts of God”. The eTraffic Group is to ensure any means necessary for preventing these events from happening, but cannot guarantee that such preventive actions will necessarily be successful and reliable.
    5. The eTraffic Group is not to be held liable or to be involved in any potential disputes between the Clients and their users. In addition, The eTraffic Group is not to be held liable for any cost, compensations or losses of earnings due to the work carried out on behalf of the Client, or any of the Client’s appointed agents.
    6. The eTraffic Group will not be liable for any costs, compensations of losses or earning due to the unavailability of the site, servers, software or any material provided by its associated companies.
    7. The eTraffic Group cannot accept the responsibility for any losses, costs or compensations related to the use of the work results, services, and deliverables for the Client. The Client is expected and requested to fully test and examine all the deliverables by The eTraffic Group before being made available for final use.
    8. Although all reasonably expected precautions have been taken to ensure that the final deliverables by The eTraffic Group are bug free, reliable and accurate, the final responsibility lies with the Client and Client only in ensuring that all deliverables are functioning correctly before use.
  5. Payment Terms
    1. The following Payment Terms are to be applied after the signing of the agreement.
    2. Payment terms for Web Design Services:
      • 1/3 of the sum which is agreed to be paid up front
      • 1/3 of the sum which is agreed to be paid after design confirmation
      • 1/3 of the sum which is agreed to be paid before the site is being launched
    3. The marketing related activities are to be covered by Direct debit for every single campaign cycle in question.
    4. In case that the website is finished prior to the conclusion of the terms of payment regulated by the written agreement, then all the outstanding amounts are to become due and immediately payable.
    5. When it comes to payments made by credit cards the following fees are included:
      • 4.5% for Visa
      • 4.5% for MasterCard
    6. Every change of the payment terms must be followed by the mutual consent of the Client and The eTraffic Group, including the obligation to conclude the appendix about these issues in the existing agreement.
    7. In case, that the amount for payments is under $2,000 the Payment Scheme from the section 5.2. is not to apply. For this purpose the following two installment scheme is valid:
      • 1/2 of the sum which is required to commence with the work
      • 1/2 of the sum which is required before the site is being launched
  6. Privacy Policy
    1. By accepting these Terms the Client accepts that all information related to the Services can be disclosed and shared with other companies which cooperate with the The eTraffic Group for this purpose.
    2. By accepting these Terms the Clients agree to accept the reception of periodical marketing material provided by the The eTraffic Group and its associated companies. It is the Client’s right to express the will not to obtain these materials in the future at any moment.
    3. The eTraffic Group may share information with government agencies, police or other relevant institutions for the purpose of investigation or preventing fraudulent and illegal activities.
  7. Miscellaneous
    1. The eTraffic Group is entitled to change these Terms completely or partially solely at its own discretion. Additionally, The eTraffic Group has no obligation to inform the Client every time it does so.
    2. By accepting these Terms the Client(s) is/are to accept limitless and unconditional presumption that they are fully aware of all the Term’s? sections, obligations and regulations.
    3. The governing law of these Terms is exclusively the law of the State of Victoria, Australia. All potential disputes between Client and eTraffic are to be resolved as part of the exclusive jurisdiction of the City of Melbourne, Australia.
    4. If under certain circumstances and in certain situations some parts or sections of these Terms are to become invalid or unenforceable, the parts or sections which are to remain are still fully obligatory for both Client and The eTraffic Group.
    5. By accepting these Terms the Client is to fully comply with the requirement, that any dispute, request or some other relevant issue which may arise from these Terms are to be filed, examined and answered within the period of up the very first time. After the expiration of this period they are to be treated as successfully solved, answered and closed regardless of the current state of affairs including the exclusion of possibility for their reopening or reexamining.
    6. In case, you have any questions or doubts about these Terms please submit them by E-MAIL, or at the following address: Level 1, 530 Little Collins Street Melbourne VIC 3000

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Level 1, 530 Little Collins Street, Melbourne VIC 3000, Australia | 1300 887 151

Level 2, 50 York Street, Sydney 2000 | 1300 788 679

Level 1, The Realm, 18 National Circuit, Barton Canberra ACT 2600 Australia | 1300 765 708

Level 1, 16 McDougall Street, Milton 4064 | 1300 765 709

220 Varsity Parade, Varsity Lakes QLD Australia 4227 | 1300 887 804

Level 1, Paspalis Centrepoint, 48-50 Smith Street, Darwin NT 0800 Australia | 1300 889 815

Level 18, Central Park. 152-158 St Georges Terrace Perth, WA 6000 Australia | 1300 550 753

Level 3, 97 Pirie Street, Adelaide 5000 | 1300 669 895

Level 6 Reserve Bank Building, 111 Macquarie Street, Hobart TAS 7000, Australia | 1300 885 870

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