条款 | 网赞

Terms & Conditions

服务条款

所有新用户均可免费开通或使用网赞店铺服务

  1. 网赞店铺免费服务指:店铺开通服务(原服务费$500),店铺每月技术服务费(原技术服务费$199 /月起),1对1咨询服务含店铺装修,产品发布,推广引流(原服务费$3000)
  2. 免费服务不提供店铺定制设计和功能开发服务,如有需要,网赞店铺会根据具体要求提供报价
  3. 当用户通过网赞店铺技术服务产生订单时,网赞收取订单额度的2.5%做为平台交易分成。
  4. 网赞店铺免费服务结束后,已开通店铺服务的客户无需向网赞支付店铺开通费和1对1咨询服务费。
  5. 当用户通过网赞店铺技术服务产生订单时,网赞收取订单额度的2.5%做为平台交易分成。
  6. 网赞店铺免费服务结束后,已开通店铺服务的客户无需向网赞支付店铺开通费和1对1咨询服务费。
  7. 网赞店铺免费服务结束后,如用户选择继续使用网赞店铺技术服务,需在个人中心设置信用卡并接受每月自动扣费,费用为每月$199含GST起
  8. 所有使用网赞店铺服务的用户需无条件接受以下条款:
    1. 不可通过网赞店铺平台销售任何有关于赌博,色情产品,反华相关内容的产品
    2. 申请开通网赞店铺的用户必须是海外注册生意,个人生意或公司形式
    3. 网赞店铺有权当方面终止用户的使用权限,如用户违反当地法律,滥用平台服务,或网赞发现用户产生不正常使用情况

By entering into an agreement for the Services with the Company, the Client agrees to be bound by these terms from the time of acceptance, for the agreed upon term. These terms will be deemed to be accepted upon payment of any fees or deposits to engage the Company to commence the Services, or via electronic acceptance (such as email or e-signature) to a provided reference to these terms.

'Company' means Mobei Pty Ltd, ABN 33 638 631 044
'Client' means the business or individual engaging the Services of the Company through the agreement to these Terms
'Services' means the website development and WeChat mini program development services identified in the quote or proposal provided by the Company that refers to these Terms.

In connection with the performance of the Services, the Company and Client may disclose to the other certain confidential technical, business or personal information, which the disclosing party desires the receiving party to treat as Confidential Information.

'Confidential Information' means any nonpublic information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects including without limitation, software, documentation, formulas, know-how, methods, processes, business models, designs, prototypes, new products, samples, developmental work, marketing data, marketing plans, customer names, pricing strategies and terms, information received from third parties that the parties are obligated to treat as confidential, and other information relating to the parties not known to the general public. Confidential Information disclosed to one of the parties by the other party’s subsidiaries, affiliates, related companies, and/or agents is covered by this Agreement.
Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession.

The Client and the Company each agree not to use any Confidential Information of the other party for any purpose except in relation to performing the Services. Each party agrees not to disclose any Confidential Information of the other party to third parties or to such party’s employees or consultants, except those individuals or necessary to perform the Services.

The Client warrants that all and any materials, information, data, or content provided to the Company by or on behalf of the Client will not breach any rights (including intellectual property rights, moral rights, confidentiality or privacy rights) of any third parties.

The Company will store all and any confidential materials, information, data, or content provided to the Company by or on behalf of the Client for no longer than the period concluding 60 days after the cancellation by the Client of the Services. This clause does not apply to electronic communications between the Company and the Client, which may be securely stored but may not be destroyed upon the conclusion of services.

At no time will the company be responsible for providing evidence or details of the methods, strategies or submissions made in performing the Services as this information is considered confidential intellectual property of the Company. The Company warrants that all methods used in performing the Services are in accordance with all applicable Australian laws and regulations.

To the extent permissible by law, the Company is not liable for:

  1. faults or defects in any services provided by third parties in connection with this Agreement;
  2. any indirect, special or consequential loss, loss of profits, data loss or corruption, loss of revenue, loss of goodwill, loss of anticipated savings or business interruption, however arising, whether or not the Company knew of the possibility of such loss and whether or not such loss was foreseeable.

To the extent permissible by law, the Company's total aggregate liability for any and all claims relating to this Agreement (in contract, tort or otherwise) will be limited to and not exceed the amounts actually paid by the Client for the Services.

To the fullest extent permitted by law, the liability of the Company for breach of a non-excludable condition is limited to:

  1. supplying the Services again; or
  2. payment of the cost of having the Services supplied again.

The Client agrees to indemnify, defend and hold the Company harmless in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal fees on a full indemnity basis), in connection with any of the following:

  1. breach of this agreement;
  2. the Client's negligent actions or omissions;
  3. the Client's use of the Amplify Service, including any third party claims made in connection with or arising out of the Client's use of the Amplify Service;
  4. breach of third party intellectual property, privacy, confidentiality, or moral rights.

To the extent permissible by law, the Client agrees to indemnify and keep the Company, its directors, officers and employees, indemnified against all loss arising from actions taken performing the Amplify Service.

Payment for the Services must be made by credit card (Visa, Mastercard, Amex) or automatic direct debit from you nominated bank account. Unless otherwise instructed, the Company will securely store the Client’s payment details from the deposit or first payment and use these to charge the balance of fees for subsequent payments.

We will commence charging your monthly fee upon website approval, or 28 business days from when your website is delivered to you for the first time on a temporary domain. Although your website may not be live at this time, your account still costs us for things such as support, domain name, email hosting, bandwidth, server disk space and system upgrades.

 

You will be billed once a month when using our service. We bill on the first of the month for that month's monthly subscription fee. You will be billed retrospectively for any additional services that you use during a given month. Your first month will be billed on a pro-rata basis dependent on the number of days left in the month.

You can opt to pay 6 or 12 months in advance on receipt of a Tax Invoice. Please contact our accounts team for further information.

Your monthly fee is as per our quote on website until you are notified of any price increase. We will give advance notice of any price increase via email.

You are billed for the month in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used.

Payment is only accepted by a direct debit from a nominated bank account or from a credit card kept on file. We do not accept cheques, direct deposits or cash.

If the monthly payment for your website becomes overdue by more than 30 days we will put your account on hold until all outstanding fees are collected. This will include any email addresses we provide. We will charge a reinstatement fee of one month's fees ex GST in additional to all outstanding fees.

If the monthly payment for your website becomes overdue by more than 90 days we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency.

If you are not happy with your website or wish to put your site on hold for longer than one month then you can cancel your service immediately. From the time you receive your cancellation confirmation you will no longer be billed by The Company. No retrospective cancellation is possible. You are billed monthly, for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month. If you use several of our services (such as email hosting or domain registration), you must state which services you want cancelled. Requests to cancel an account must be in written format, stating the date you wish your service/s to cease. Once we receive your request we will reply with a written confirmation of cancellation.

If you choose to commence website services with another provider, you must inform us if our services are no longer required by you. There is no automated way for The Company to know that you are no longer requiring our services. If you fail to inform us, we cannot refund for past months' fees.

We will store a copy of your website for 6 months from the date of cancellation, after which we will delete all files related to your website. We will not inform you once we delete all files following 6 months. If you would like us to store a copy of your website beyond 6 months we charge a small storage fee of $10 ex GST per month.

We will charge a re-activation fee if you choose to come back to us in the future.

If the Client wishes to terminate the Services before expiry of the agreed upon term, no refunds will be given for payments or deposits made at that time. The Client understands that the Company may have already allocated time, resources and technologies to provide the Services, for which the Client will still be liable to pay.

Websites from the Company can not be used to disseminate, communicate, store or transmit:

  • content sexually-explicit in nature;
  • information that contains virus', worms or malicious elements;
  • Copyright infringing data;
  • trade secret protected data;
  • data that infringes on any intellectual property, publicity rights or privacy rights;
  • is defamatory, harassing or threatening;
  • relates to illegal business operations or schemes;
  • contains deliberately misleading, incomplete or deceptive content; or
  • is deemed inappropriate by the Company

The Company provides an online ticketing, a WeChat helpdesk, an email support service on [email protected] 5 days 9am – 6pm (EST)

Including in your monthly fee:
  • Domain renew and DNS configuration
  • Business email hosting configuration and staff email accounts set up
  • Help using CMS (content management system to upload text, image, blog and product information
  • Automated website files and database backup
  • Cloud hosting
  • Global CDN
  • Website security and firewall
  • billing enquiries
  • Bug reports and fixes of our CMS functionality

The Client agrees that any advice provided by the Company does not constitute legal advice, and is not intended to be a substitute for legal advice and should not be relied upon as such.
Any agreement to engage the Services of the Company is made in accordance with Australian laws and regulations. The Services are considered entered into under the jurisdiction of the State of Victoria, Australia. If any dispute arises between the Company and the Client, both parties irrevocably submit to the jurisdiction of the courts of the State of Victoria, Australia.
The Client warrants to the Company that it has the capacity and authority to enter into the Agreement with the Company.
No liability whatsoever (except as provided by law) will be accepted by the Company for any damages or losses arising from or as a consequence of the provision of the Services.
The Agreement may not be modified, amended, or otherwise altered by the Client unless agreed to in writing by the Company. The Company may revise these Amplify Terms at any time by amending this page without notice. By engaging the Company, the Client agrees to be bound by the then current version of the Amplify Terms. As such, please check our website from time to time to take notice of any changes made.
If any provision of the Agreement is held to be invalid under the law, the validity of the whole Agreement shall not be affected. Any remaining provisions will remain in full force and effect.
The Client shall not offer any form of employment to the Company’s staff whilst using the Company’s services, or within 12 months of ceasing the Company’s services at any time during the Term hereof to the expiry of twelve (12) months after the date of termination of this Agreement (as the case may be) employ or attempt to employ any person who is, or shall at any time between the date hereof and the date of such termination be, one of the Company’s employees engaged in providing the Services.
All intellectual property rights, including designs, artworks, software and materials, provided to the client in the course of the Service, and any other intellectual property created in the course of the service, shall vest in, will upon their creation vest in the Company.

Given the nature of the Company's services, the Company does not generally offer refunds or credits for services rendered unless required under Australian consumer law or other relevant consumer protection laws.
Payments classified as 'Deposits' are fully refundable under the terms of the applicable service offering.
If you would like to request a refund or credit, please send your request to [email protected]
The Company will assess refund or credit requests on their merits, bearing in mind the allocation of resources, time, and technologies on the part of the Company in providing the Services. Any refunds will be applied to the original payment method unless alternative arrangements are agreed by the Company

Refunds may be granted in circumstances where the Services:

  1. have an undisclosed problem that would have stopped someone from purchasing the Services if they had known about it;
  2. are substantially unfit for its common purpose, and can't be fixed within a reasonable time;
  3. do not meet the specific terms agreed when engaging the service and cannot be easily rectified within a reasonable time;
  4. create an unsafe situation as assessed at the sole discretion of the Company.

The Client acknowledges that the Company is under no obligation to provide a refund or credit in the following situations:

  1. if the Client changes their mind about engaging the Services;
  2. for periods of delay caused by the Client;
  3. for minor technical issues;
  4. if the Client chooses to engage similar or related Services from 3rd parties, or from their own actions, that materially impact the Services for which the Company has been engaged.