SHOWYFLASH ORDER A PACKAGE.
Legal Agreement and Terms and Conditions.
After reading and understanding the Terms and Conditions, you may click the PayPal Order Button and Pay.
We will contact you as soon as we receive your Order.
By placing an Order, you are agreeing to the following terms and conditions.
LEGALLY BINDING CONTRACT AND AGREEMENT BETWEEN:
(1) SUPPLIER: and (2) CLIENT.
(1) SUPPLIER: Trading As: R. M. Ditomo ABN 71 068 928 104 using Domain ShowyFlash.com and/or any other Domain Name owned by R. M. Ditomo PO Box 1556, Bathurst Post Shop, 230 Howick Street, Bathurst, NSW, 2795.
Note that we own many Domains and Various Websites. Our main one is ShowyFlash.com, and you may have arrived at our Contract and Order Form, which is correct.
When we use the expression ShowyFlash, we are referring to R. M. Ditomo as the Supplier of the product or package or service offered.
You are entering into a contract with R. M. Ditomo ABN 71 068 928 104 using ShowyFlash as our Internet Domain Name or any other Domain Name we own.
(2) CLIENT: When you pay for this Order via PayPal, then YOU will become the Client.
When you pay for this Order, you will be identifying yourself via PayPal. It includes your Email address and your Credit Card and/or Bank Account Details are stored inside your PayPal account. By submitting this Order to us, you are entering into a Legal Agreement with us.
When you click the PayPal button below, and submit the payment, then you will receive a Receipt and we will receive an Order and it will clearly identify you as making the Payment.
(1) SUPPLIER PRODUCTS TYPES:
It may include some of these or variances of them:
(1) Online Website.
(2) Website System Script.
(4) DVD Movie Disk.
(5) Advertising Online and Offline.
PRODUCT CHOICE BY CLIENT:
You will have received an OFFICIAL OFFER. It will be Clearly Show OFFICIAL OFFER from us, and it will contain the Supplier Product type, and the Pricing and any SPECIAL CONDITIONS.
If you are ordering the FULL PACKAGE note that it may change from time to time. Refer to the OFFICIAL OFFER via the Email from us, and it will describe the Supplier Product in full.
Print out that Email and it will be a part of this Legal Contract with ShowyFlash if you decide to go ahead and purchase.
Legal Terms and Conditions.
Product 2) Definition of a Website System Script.
It is a Website system that is pre-built by a programmer or designer. When it is installed, it can be customised to suit an individual Client. They normally need many adjustments and changes to suit the needs of Clients. Instead of paying to have a Website built from scratch you can get a Website System Script installed at a much lower price, than having to have it designed from nothing, or from scratch. ShowyFlash can quote, and install a suitable Website System Script for a Client according to the needs of the Client. We can make some adjustments, or quote for the installation and adjustments to suit the Client. We work with other programmers and International Contacts. Sometimes it is possible to see a sample in advance.
The Client may pay a deposit towards the total agreed price. The deposit may be varied at the discretion of ShowyFlash, and a Tax Invoice will be supplied. The Client agrees to pay the Balance before the work commences. Client agrees that the Product is pre-paid.
Should ShowyFlash be unable to complete the Product, within 60 days of the Client signing this Contract, due to the Clients inability to supply the necessary documentation, pictures, images or details about the Clients business, then ShowyFlash reserves the right to cease work until the Client sends the needed items to finish the Product.
If ShowyFlash receives all of the documentation, pictures, images or details about the Clients business required for the Product, after the 60 day period, then the final price may increase. This increase will be at the discretion of ShowyFlash and the Client will be informed. It is agreed that ShowyFlash should not be compelled to stick to the original price if 60 days is reached, without completion. The Client agrees to pay increased costs determined by ShowyFlash.
The Client may cancel the Product at any time. The Client must advise ShowyFlash in writing or Email of the request not to proceed or complete the Product.
Refunds and Cancellation requests for any reason. The Client agrees that there is No Refund. It is agreed that any money paid to ShowyFlash is non-refundable. Any variance to this, is strictly at the discretion of ShowyFlash.
The Client agrees to accept the decision, and will not attempt to forcibly, recover any monies paid to ShowyFlash.
Payment options include Cheque, Direct Bank Deposit, Visa, MasterCard, PayPal and Cash etc. A Tax Invoice is issued.
Client is required to ensure that the content of their Product meets all the current Australian legislation regarding Publications. The Client shall further indemnify ShowyFlash in respect of any claims, costs and expenses that may arise from any material included in their Product at the Clients request.
ShowyFlash reserves the right not to include any material supplied by the Client if ShowyFlash deems it inappropriate or offensive, or if the material appears to infringe on the copyrights owned by anyone else.
The Client will obtain all the necessary permission and authorities in respect of the use of all copy, graphics, company logos, names, trademarks, or anything supplied by the Client.
Supply of above mentioned material by the Client shall be regarded as a guarantee by the Client to ShowyFlash that all such permission and authorities have been obtained.
No responsibility will be accepted by ShowyFlash for damages to or losses incurred by the Client from the use of material for which the required permission or authority has not been obtained. The Client agrees to indemnify ShowyFlash against all legal claims should any be made, concerning any material supplied by the Client and published by ShowyFlash.
The Client is granted permission to retain the usage of any graphics supplied by ShowyFlash indefinitely, without further costs. It is agreed that if ShowyFlash supplies 3rd party graphics, that they will meet legal permissions for commercial usage and for usage on the Clients Product. If the Client supplies their own legally permissible graphics, or text wording, then the Client will own the copyrights indefinitely for them.
ShowyFlash may display a Copyright notice onto the Product, at its own discretion, and it will state that copyright is owned by ShowyFlash OR www.ShowyFlash.com OR www.Showy-Flash.com OR any of the domain names owned by ShowyFlash. It is understood and agreed that this notice is acceptable between ShowyFlash and the Client, to alert potential internet Product thieves that they should not steal any material from the Product. It is agreed that this notice is used to advertise the services offered by ShowyFlash.
ShowyFlash does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed live on the Internet by any particular date. The Client agrees that Website Development can be very time consuming, and that all efforts will be made to make the Website appear on the Internet, by any required date determined by the Client. However, if the Website appears on the Internet later than expected, then the Client agrees not to take any action of any kind. ShowyFlash does not guarantee a completion date for any Product. Generally a couple of weeks is common.
ShowyFlash may perform regular Product maintenance, only if requested. The fees are determined by ShowyFlash.
Any additions or changes and upgrades example: text, pages, photos, graphics, tables, etc, will be charged on a quote basis, and will depend on the amount or work or time and effort to achieve the Clients requests.
Repairs and Amendments to Product. If someone else (other than ShowyFlash) amends or alters the Product, without the approval or knowledge of ShowyFlash then ShowyFlash may charge to repair the Product or reinstall the Product to its original content. It is recommended that the Client contact ShowyFlash to make any alterations. It is also agreed that ShowyFlash cannot and will not guarantee that existing data will be preserved. All attempts will be made to back up any files, but it is understood and agreed that Clients data may be lost, depending on the nature of the problem. The Client agrees that any Amendments that they make will be their own Responsibility if someone else other than ShowyFlash was used to make the Amendments.
It is agreed that once the Product is completed, and paid for in full, that the Client may change the Product, or engage the services of anyone else to make future adjustments and alterations. All such future changes and adjustments are at the sole risk of the Client and ShowyFlash is no longer responsible for anything, its contents, or the actions of anyone else that is taking over the responsibility.
It is agreed that Domain Name Registration Services are not owned by ShowyFlash. The Client understands that this is not the responsibility of ShowyFlash. The Client may apply for their own Domain Name.
Hosting: ShowyFlash may (or may not) provide Hosting. It is also agreed that in both cases, such services are independently owned and rented, and therefore ShowyFlash is not responsible for their actions, or servicing.
It is agreed that the Client will not attempt to make any claims or legal claims against ShowyFlash for any failings or delivery problems supplied by any 3rd party supplier. The Client recognises that 3rd party suppliers may include Domain Name Registration services, or Web Hosting services or any other hardware or software supplier. The Client recognises that ShowyFlash are not the legal owners of these services, and that ShowyFlash simply use them, and the Client also use these services under the terms offered by the 3rd party supplier.
It is agreed that ShowyFlash will endeavour to build the Product (if a visual Product) for the Client according to the general appearance and layout options preferred by the Client. However, the Client agrees that the Product layout, image location and general appearance of the Product will be determined by ShowyFlash. It is agreed that not all of the Clients preferences are possible due to skill level, or software, and systems available to ShowyFlash. However, ShowyFlash agrees to do its best, to meet the requirements of the Client, and the Client agrees that the Final Decision will be made by ShowyFlash and the Client will accept the decision after consultation.
It is agreed that when all the URL links, images, and text wording is installed onto the Product, and it is in a functional state, then the Completion Date can be determined by ShowyFlash. If there are minor adjustments, additional images or wording required, and if these adjustments are within the quoted and agreed price, then ShowyFlash will complete the adjustments after the final payment.
If the Client requires a Major Change to the design of the Product after the Contract has been signed, and if the Major Changes exceed the quote and agreed price, then the Client will be offered a quote for the additional work. The Client may accept the quote or go ahead with the original agreement. It is agreed that if the major design change is not possible for ShowyFlash to complete, then the original agreement will be completed, and the Client will accept the original.
The notices for Major Changes will be notified in writing, Email or Phone as the need arises. The Client agrees to send an Email to ShowyFlash and confirm agreement to pay for the extra work. The extra work will be pre-paid by the Client.
It is agreed that if ShowyFlash provides a Product traffic promotion program (either paid or unpaid) that such advertising is not guaranteed to provide any sale, or business request, or service request, or even one phone call, from a potential customer. Advertising and All Risks are accepted by the Client.
It is agreed that ShowyFlash will provide service for a period of 90 days after completion of the work. This does not include alterations, or changes to the Product. Service requests will be reviewed and if ShowyFlash can do it free, then we will do so. If not covered, then a quote will be given, or the Client will be directed to the Developers Website, or Manual (if any) or Developers Email or Support Desk.
It is agreed that ShowyFlash will not be providing any Product traffic solutions or guarantees to the Client that they might receive visitors or be found on the Internet via a search engine or link. It is agreed that the Client is fully responsible for their own advertising, Search Engine submissions. It is understood, agreed that Search Engines have their own regulations and policies.
It is agreed that if ShowyFlash creates a DVD Movie Disk for the Client, that the DVD Movie Disk will be constructed using the best skills and expertise available to ShowyFlash. It is agreed and understood that some DVD players may have difficulty in playing computer generated movies and shows and/or slideshows. This risk is accepted by the Client. It is also agreed that the Client will not make any kind of claim against ShowyFlash for this Product.
It is agreed that the Client will not ever take action against ShowyFlash for loss of business. It is understood that there are many variables to a business failure: The Clients reputation, the pricing offered by the Client, the products offered by the Client, advertising or lack of advertising, and even the nature of the people involved. It is understood and agreed that the variables of these kinds of failure are beyond the control of ShowyFlash. The Client agrees to accept all the risks.
Installation Assistance. It is agreed that a Product installed by ShowyFlash is a product owned, or created by a 3rd Party Provider or Supplier or software programmer. ShowyFlash is an installer, for the Product, and may make some adjustments to it, but may at times also engage the services of a 3rd Party Provider or Supplier to assist in creating the final Product offered to the Client, or that might appear live on the Internet. It is agreed that ShowyFlash can give a Quote for the final Product or it may involve costs determined by the 3rd Party Provider or Supplier.
Ongoing Technical Support. In the first instance, the Client understands that support is offered by ShowyFlash and that ShowyFlash may offer some assistance and technical support. It is understood that the 3rd Party Provider or Supplier may offer Limited Time Support at no cost. Alternatively, it might be at no cost for a period of time. Then it may convert to a paid service. The Client agrees and understands that Ongoing Support for their Product may be either paid or unpaid. The Terms and Conditions offered by the 3rd Party Provider or Supplier will be the priority, if it involves matters outside the scope of ShowyFlash. It is agreed that ShowyFlash be approached in the first instance, and then the Client will be advised on the process to either repair or alter the Product, or answer any questions. ShowyFlash will provide instructions at the time if necessary, and any costs if they apply to the matter or issue.
Day to Day Operation. General day to day operation, will be performed by the Client. For example: Entering of data and Processing of Orders and Sales. Support may be provided by the use of a Manual, or the Client may approach ShowyFlash in the first instance, and if possible, ShowyFlash will assist. If the problem or query cannot be addressed by ShowyFlash then ShowyFlash will refer the Client to the Product designers Website. The Client may have Free Support at times, or it may be a paid service. The Client agrees to accept the Terms offered by the Product designers. ShowyFlash will try to assist, and may refer the Client to the 3rd Party Provider or Supplier for assistance. It may be Free, or it may be a paid service, and the Client agrees to pay the costs of any support.
TELEMARKETING TERMS AND CONDITIONS IN ADDITION TO ALL ABOVE.
Visit this Website to view all of the Terms and Conditions used by ShowyFlash.
The latest Terms and Conditions on this Website form a part of this Legal Contract. Changes can occur anytime.
Description of the Product and any Special Conditions.
The OFFICIAL OFFER from us will give any additional Product Descriptions or Special Conditions.
Number of pages in this Contract and Understanding the Contract and Acceptance.
The Client acknowledges that the Contract was fully read and understood prior to going ahead and ordering.
The Client agrees to accept all services, and pricing offered by ShowyFlash, and has fully researched ShowyFlash, and makes the decision to go ahead with this Contract based on a clear understanding of the Products and services offered.
Total and Agreed Price: $ Refer to OFFICIAL OFFER.
Balance due on completion (If Applicable) $ Refer to OFFICIAL OFFER.
ADDENDUM 1) SUPPLY AND INSTALLATION TERMS OF AGREEMENT.
SOFTWARE SHOPPING CART AND/OR ONLINE PAYMENT WEBSITES.
Product URL SAMPLE (Refer to OFFICIAL OFFER) This is the system that we will install.
It is commercial software, and only users who have purchased a valid license (or who have permission to use the software) via ShowyFlash (via its suppliers) and accepted the terms of this Agreement can install, or have installed, or use this Product. THIS END-USER AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND YOUR COMPANY (COLLECTIVELY, YOU) AND ShowyFlash. (HEREINAFTER REFERRED TO AS ShowyFlash) FOR THE SOFTWARE Product WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND ONLINE OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE SOFTWARE). BY USING THE SOFTWARE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1. LICENSE GRANT.
You are granted, a limited, non-exclusive and non-transferable license (or permission) to use the Software. You agree to use the Software only as authorized in this Agreement. This Agreement does not convey to you any ownership rights or any other interest in the Software. This Software is to be installed and used on only one domain. A valid license or permission must be purchased for each domain on which the Software is installed and for each additional installation on the same domain.
2. PROPRIETARY RIGHTS AND RESTRICTIONS.
This Agreement does not convey title or ownership to you but instead gives you only the limited rights to use the Software as set forth in this Agreement.
The Software may be used on one website computer owned by you. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. You may not use the Software by more users than have been licensed or given permission, on more computers than the number licensed, or given permission, or by more developers than the number licensed, or given permission as applicable.
3. LIMITATION OF LIABILITY.
You assume all risk associated with the installation and use of the Software (including without limitation all conduct associated with administration). In no event shall ShowyFlash be liable whether in Contract, warranty, verbal, email, or anything (including negligence (whether active, passive or imputed), Product liability or strict liability or other theory), for cover or for any indirect, incidental, special or consequential damages (including without limitation any loss of profits or data, business interruption, computer failure or other pecuniary loss) arising out of the use or inability to use the software or performance of any related services, irrespective of, even if ShowyFlash has been advised of the possibility of such damages. You are agreeing to accept all the risks, financial losses, (if any) or any problem that develops (if any) through use of the Software.
If your Website or Product handles any sort of Financial Transactions then you agree to Assume All Risks of every kind.
4. TERMINATION OF AGREEMENT.
This Agreement is effective until terminated. This agreement is terminated immediately if you fail to comply with it in any way. ShowyFlash has the right to take any action it deems necessary. You may terminate it at any other time by deleting the Software and all copies, modifications and merged portions in any form.
Understanding the Contract and Acceptance.
Both parties agree to abide by the terms of this Contract. It is also agreed that a copy of the Contract be retained by both parties.
The Client acknowledges that the Contract was fully read and understood prior to paying via PayPal.
The Client agrees to accept all services, and pricing offered by ShowyFlash, and has fully researched ShowyFlash, and makes the decision to go ahead with this contract based on a clear understanding of the products and services offered by ShowyFlash.
Total and Agreed Price: $ Attach a copy of the OFFICIAL OFFER that will show the Price and Payment amount and any Special Conditions and the Supplier Product Details.
You may now click the PayPal logo below and pay.