MantisShop - Ecommerce / Shopping Cart website package

"I'd like to take the opportunity to thank you sincerely for all your efforts over the past few weeks. For someone like me just dipping their toe into internet trading, it was fairly daunting. I'm extremely happy that I decided to go with Mantis Technologies, the whole experience was a pleasure from start to finish."
Ben Pettit - Zoot Music

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Setup Fee	$79.95
Terms and Conditions: 1. Mantis Technologies Pty Ltd will provide consulting services to the Customer relating to the creation or modification of a Website. The specific nature of the services to be provided by Mantis Technologies Pty Ltd will be as specified on www.mantisshop.com.au. Subject to any lawful restraint imposed upon it by any other party (such as an obligation as to confidence), Mantis Technologies Pty Ltd will make available to the Customer all knowledge, information and expertise in its possession in performing the Services. If the Customer wishes Mantis Technologies Pty Ltd to perform any services other than those specified on www.mantisshop.com.au or to provide further or other Products or software, then Mantis Technologies Pty Ltd shall be entitled to quote the Customer separately for the provision of those services or the provision of those products or software. If the Customer accepts that quotation then the provisions of this Agreement will apply to the provision of those additional services, products or software. 2. Unless otherwise agreed in writing by the parties, the term of this Agreement will commence on the date payment is received for the setup of the MantisShop service. Products 3. Mantis Technologies Pty Ltd may also supply the Customer with Products (as ordered by Customer and agreed by Mantis Technologies Pty Ltd) from time to time. In the context of this Agreement, 'Products' means any hardware and/or third party software provided to the Customer by or on behalf of Mantis Technologies Pty Ltd pursuant to this Agreement. Consulting Rates, and Other Expenses 4. Mantis Technologies Pty Ltd will provide Services to the Customer and will be entitled to charge the Customer for such Services at the rates specified on www.mantisshop.com.au 5. Mantis Technologies Pty Ltd shall be entitled to provide the Services remotely from its own premises and will not be required to attend the Customer's premises. If Mantis Technologies Pty Ltd is required to attend the Customer's premises for any reason pursuant to this Agreement, the Customer will reimburse Mantis Technologies Pty Ltd for reasonable transport and/or accommodation expenses incurred by Mantis Technologies Pty Ltd in doing so. However this does not include transport or accommodation expenses where the Customer's premises are located within 25kms of Lawrence Drive, Nerang, Queensland, Australia. 6. The Customer indemnifies Mantis Technologies Pty Ltd against any loss or damage arising directly or indirectly from any unauthorized use of the service supplied by Mantis Technologies. 7. The Customer will pay Mantis Technologies Pty Ltd for the cost of any Products and Services (including any licensing that Mantis Technologies Pty Ltd is required to pay to obtain a sub-license in favor of the Customer for any third party software) together with Mantis Technologies Pty Ltd's own charge that it levies for handling and/or obtaining any relevant sub-licenses. Payment of Invoices 8. All invoices rendered by Mantis Technologies Pty Ltd are payable immediately by automatic credit card debit. 9. If the Customer fails to pay any invoice by the due date for payment, then without prejudice to Mantis Technologies Pty Ltd's rights under this Agreement, the Customer shall also pay Mantis Technologies Pty Ltd interest on the outstanding amount at the rate of 2% per month. Mantis Technologies also reserves the right to cancel or suspend services immediately until payment has been received. Confidentiality 10. Mantis Technologies Pty Ltd will not disclose to any third party or use other than for the purposes of this Agreement any knowledge or information imparted to or obtained by it during or in connection with the fulfillment of this Agreement which is of a secret or confidential nature relating to the business, equipment, processes relating to the equipment, the products, services, process or business strategies offered or employed by the Customer. This obligation of confidence will cease to apply in relation to information that Mantis Technologies Pty Ltd is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Mantis Technologies Pty Ltd of its obligations of confidence under this Agreement. Intellectual Property 11. Unless otherwise agreed in writing by Mantis Technologies Pty Ltd, the copyright and all other rights relating to any software provided to the Customer by or on behalf of Mantis Technologies Pty Ltd pursuant to this Agreement (the 'Intellectual Property') will remain the property of Mantis Technologies Pty Ltd or where applicable its licensors. 12. The Customer must not de-compile, disassemble, decrypt, extract or otherwise reverse engineer any part of any software that is provided to the Customer by Mantis Technologies Pty Ltd without Mantis Technologies Pty Ltd's prior written consent. 13. The Customer must hold any software (in source and/or in object code) and other materials provided to the Customer by Mantis Technologies Pty Ltd confidential. The Customer must not disclose any of those materials to any third party without Mantis Technologies Pty Ltd's prior written consent. The Customer must also take all reasonable steps within its power to protect the Intellectual Property of Mantis Technologies Pty Ltd. High Risk Activities 14. None of the software or the Products provided pursuant to this Agreement is designed or intended to be fault-tolerant or designed or intended for use as or for use where their failure or malfunction could lead to death, personal injury, or economic, physical or environmental damage ('High Risk Activities'). The term 'High Risk Activities' includes but is not limited to on-line control equipment in hazardous environments requiring fail-safe performance (such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, weapons systems, banking or financial control or reporting systems, or security systems). The Customer warrants that it will not use, distribute or resell any of the Products or the software for any High Risk Activities and that it will ensure that permitted end-users of such Products or software are provided with a notice in the form set out in this Clause. The Customer will indemnify Mantis Technologies Pty Ltd for any loss, cost, damage or third party claim arising from the Customer's use of any of the Products in High Risk Activities or from any breach by the Customer of this clause. Liability 15. Except for express undertakings to indemnify and any warranties set out in this Agreement: a) To the extent permitted by the law, Mantis Technologies Pty Ltd expressly excludes all conditions and warranties whether express or implied. b) Notwithstanding any other provision in this Agreement, in no event will Mantis Technologies Pty Ltd be liable to any party including the Customer for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including for loss of profits, use, data, or other economic advantage), however it arises, whether for breach of this Agreement or in tort, and even if Mantis Technologies Pty Ltd has been previously advised of the possibility of such damage. Further, liability for such damages shall be excluded, even if inclusive remedies provided hereunder fail their essential purpose. The Customer will indemnify Mantis Technologies Pty Ltd and keep it indemnified from and against any claims by any third party for or in respect of such damages. 16. Certain provisions relating to the trading of goods and services and other statutes, rules and regulations in Australia may imply certain non-excludable warranties or conditions. To the extent that they are not permitted to be excluded, Mantis Technologies Pty Ltd's liability for breach of such conditions or warranties and the Customer's sole and exclusive remedy in relation to such breaches shall be limited to: a)in the case of Products or software or other goods supplied by Mantis Technologies Pty Ltd, at Mantis Technologies Pty Ltd's option: i)the replacement or repair of those Products or software or goods, or the supply of equivalent goods; or ii) the payment of the cost of replacing or repairing the Products or software or goods or of acquiring equivalent goods; and/or b)in the case of Services, at Mantis Technologies Pty Ltd's option: i)supplying the Services again; or ii)the payment of the cost of having the Services supplied again. 17. The Customer is solely responsible for the proper backup and protection of all of its software and data, as well as the implementation and maintenance of firewalls and security measures (including proper virus control) in relation to their own Facilities. Assistance and Facilities 18. The Customer will provide Mantis Technologies Pty Ltd with all reasonable assistance and facilities free of charge (including without limitation of the Means of Access and the other Items referred to in the Schedule, office facilities, and liaison with the necessary officers and employees of the Customer) in order to permit Mantis Technologies Pty Ltd to efficiently provide the Services. No Poaching 19. The Customer undertakes to Mantis Technologies Pty Ltd that it will not for a period of two years from the termination of this Agreement entice away or endeavor to entice away from Mantis Technologies Pty Ltd any employee of Mantis Technologies Pty Ltd. The Customer acknowledges that the prohibition and restriction contained in this clause are reasonable in the circumstances and necessary to protect the business of Mantis Technologies Pty Ltd. Agreement Non-exclusive 20. The Customer acknowledges that Mantis Technologies Pty Ltd is providing Services to the Customer on a non-exclusive basis and that Mantis Technologies Pty Ltd may provide services of the same or a similar nature as the Services to any other party. Termination 21. This Agreement may be terminated in the following circumstances: a) By either party by giving the other party thirty (30) days notice in writing to that effect; b) Immediately by Mantis Technologies Pty Ltd by notice in writing if the Customer fails to remedy a breach of this Agreement (including any provision as to payment) within seven (7) days of receipt of a notice from Mantis Technologies Pty Ltd of such breach requiring it to do so; or c) By either party immediately by notice in writing if the other party takes any corporate action or other steps are taken or legal proceedings are started (and are not withdrawn, discontinued or struck out within twenty-one days) for its winding up, liquidation or dissolution (other than for the purposes of reconstruction) or the appointment of an administrator, receiver, receiver and manager, official manager, Liquidator, provisional Liquidator, trustee or similar office of it or of any or all of its revenues and assets ('Insolvency Event'), and such Insolvency Event remains in existence in respect of such party as the time of service of the Notice. 22. On termination of this Agreement however occurring, all moneys unpaid by the Customer pursuant to this Agreement will immediately become due and payable. If such moneys remain unpaid for a period of thirty days then (without prejudice to any other rights that Mantis Technologies Pty Ltd may have for breach of this Agreement or otherwise) Mantis Technologies Pty Ltd will be entitled to retake possession of the Products and to disable any software provided pursuant to this Agreement (including by remote means). 23. The Customer's obligations (including any obligations to indemnify) shall survive the termination of this Agreement for whatever reason. General 24. Any notice required or contemplated by this Agreement shall be deemed to have been duly given if it is in writing, properly addressed and delivered personally or mailed by registered or certified mail, postage prepaid addressed or by fax or electronic mail to the Customer or Mantis Technologies Pty Ltd at the address set out in the Schedule or this Agreement or such other address nominated by a party in writing. 25. The Customer may not assign any of its obligations under this Agreement without the prior written consent of Mantis Technologies Pty Ltd. However Mantis Technologies Pty Ltd may arrange for subcontractors to perform any of Mantis Technologies Pty Ltd's obligations under this Agreement. 26. Mantis Technologies Pty Ltd will not be liable to the Customer or to any third party for any non-performance or delay in the performance of its obligations under this Agreement, if events or conditions beyond its reasonable control cause the non-performance or delay and Mantis Technologies Pty Ltd gives the Customer prompt notice thereof. In no event will this provision affect Customer's obligation to make payments to Mantis Technologies Pty Ltd under this Agreement except in respect of Services that are unable to be performed by Mantis Technologies Pty Ltd, until they can be performed. 27. Mantis Technologies Pty Ltd expressly reserves the right to withdraw its services in the event any request, demand or direction is received from the Customer to print, publish, distribute or reproduce in any form or send or receive any illegal, immoral, offensive or objectionable material of any kind or description whatsoever. The Customer acknowledges that the sole decision of Mantis Technology Pty Ltd will be final and binding upon the parties in this regard 28. A failure, delay, relaxation or indulgence by either Party in exercising any right, power or privilege conferred on the Party by this Agreement shall not operate as a waiver of the power or right. A single or partial exercise of any right, power or privilege hereunder does not preclude the further exercise of the same right or the exercise of any other right hereunder. A waiver of a breach does not operate as a waiver of any other breach. 29. If any part of this Agreement is held by a court of competent jurisdiction to be invalid, then; a) Where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and b)In any case the offending provision must be severed from this Agreement the remainder of this Agreement shall continue in full force and effect unless such reading down or severance affects the basic nature of this Agreement. 30. This Agreement shall be governed by and must be construed in accordance with the laws of Queensland, Australia and the Customer irrevocably submits to the non-exclusive jurisdiction of the courts of that State. [end of terms and conditions] I have read and agree with the above terms and conditions