1.1 All Services of Acre Computer Services Limited, whether gratuitous or not, are supplied subject to these Conditions and:
2.1 “Acre Technologies” means Acre Computer Services Limited, its successors and assigns or any person acting on behalf of and with the authority of Acre Computer Services Limited.
2.2 “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
2.3 “Goods” shall mean all data, graphics, pictures, trade marks, software and other Goods to be incorporated in the Customer's Website (including, but not limited to), user data created by the operation of the Customer's Website (and where the context so permits shall include any supply of Services as hereinafter defined);
2.4 “Services” shall mean all Services provided by Acre Technologies to the Customer and includes any advice or recommendations (and where the context so permits shall include any provision of Goods as defined above). 2.5 “Prohibited Content” means any content on a Website that:
2.6 “Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
2.7 “Price” means the Price payable for the Goods as agreed between Acre Technologies and the Customer in accordance with clause 6 below.
3.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
3.2 These terms and conditions may only be amended with Acre Technologies consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Acre Technologies.
3.3 These terms and conditions are meant to be read in conjunction with these Terms and Conditions and/or Acre Technologies specific Maintenance Support Service Agreements (Essential, Platinum or Deluxe). If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
4.1 Unless otherwise limited as per clause 4.2 the Customer agrees that should the Customer introduce any third party to Acre Technologies as the Customer's duly authorised representative, that once introduced that person shall have the full authority of the Customer to order any Goods or Services on the Customer's behalf and/or to request any variation to the works on the Customer's behalf (such authority to continue until all requested works have been completed or the Customer otherwise notifies Acre Technologies in writing that said person is no longer the Customer's duly authorised representative).
4.2 In the event that the Customer's duly authorised representative as per clause 4.1 is to have only limited authority to act on the Customer's behalf then the Customer must specifically and clearly advise Acre Technologies in writing of the parameters of the limited authority granted to their representative.
4.3 The Customer specifically acknowledges and accepts that they will be solely liable to Acre Technologies for all additional costs incurred by Acre Technologies (including Acre Technologies profit margin) in providing any works, Goods, Services or variation/s requested by the Customer's duly authorised representative (subject always to the limitations imposed under clause 4.2 (if any)).
5.1 The Customer shall give Acre Technologies not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details (including but not limited to, changes in the Customer's name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Acre Technologies as a result of the Customer's failure to comply with this clause.
6.1 At Acre Technologies sole discretion the Price shall be either:
24.1 Acre Technologies will, at its sole cost and expense:
25.1 Acre Technologies will not:
26.1 The Customer will, at its sole cost and expense:
27.1 The Customer will not do anything that prevents or hinders Acre Technologies from providing hosting services to any other person.
28.1 Upon approval of the Specifications and Quotation in accordance with this agreement, Acre Technologies will:
29.1 The Customer will, in addition to any other obligations expressed in this agreement, have the following responsibilities:
29.2 The Customer will ensure that Acre Technologies is given such information and assistance as Acre Technologies reasonably requires to enable Acre Technologies to construct and maintain the Website.
29.3 Acre Technologies will not be responsible for, and accepts no liability for, any deficiency or alleged deficiency in the Website which is attributable to:
30.1 Subject to Clause 30.2, Acre Technologies will provide the Maintenance Services in accordance with Acre Technologies Maintenance Service Agreements.
30.2 The Customer will procure all necessary authorisations, licences and consents to enable Acre Technologies to have access to the Website in order to provide the Maintenance Services.