Services. Subject to the terms of this Agreement, LoganMarket.com.au agrees to provide the services described in the order for the fees stated in the Order.
Term. The initial service term of the Agreement shall begin on the date that LoganMarmet.com.au generates an e-mail invoice or message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for 12months.
Payments. Fees are payable in advance.
Customer Information. Customer represents and warrants to LoganMarket.com.au that the information he, she or it has provided and will provide to LoganMarket.com.au for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to LoganMarket.com.au that he or she is at least 18 years of age.
Disclaimer of Warranties. LoganMarket.com.au DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW LoganMarket.com.au DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
Limitation of Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF LoganMarket.com.au AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.Suspension/Termination.
Changes to LoganMarket.com.au’s Network. Upgrades and other changes in LoganMarket.com.au’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. LoganMarket.com.au reserves the right to change its network in its commercially reasonable discretion, and LoganMarket.com.au shall not be liable for any resulting harm/loss to Customer.
Notices. Notices to LoganMarket.com.au under the Agreement shall be given via electronic mail to email@example.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Force Majeure. LoganMarket.com.au shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond LoganMarket.com.au’ s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing Law/Disputes. The Agreement shall be governed by the laws of the State of Queensland.
Miscellaneous. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended by LoganMarket.com.au and posted on T&C of the LoganMarket.com.au.