Direct Terms of Service
All accounts are covered by our Terms and Conditions. Please read below before ordering.
All accounts and customers of Direct Sites Online are bound by the Terms of Service.
- All fees are due in advance of the services provided. Failure to pay in advance may result in termination of services without notice.
- Direct Sites Online will utilise its best efforts to maintain acceptable performance of services, but makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose.Direct Sites Online cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.Direct Sites Online will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. Direct Sites Online shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of Direct Sites Online .
- Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees, (“Liabilities”) against Smart Artist, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Direct Sites Online against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Smart Artist’s server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Smart Artist’s Server. As a result of this, Customer agrees that Direct Sites Online shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Smart Artist. Notwithstanding the above mentioned, Customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
- The Customer may only use Direct Sites Online services for lawful purposes. In the event that at any given time, Direct Sites Online believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Direct Sites Online has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
- Unauthorized distribution or copying copyrighted software, violation of Australian/US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;
- Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Direct Sites Online reserves the right to determine what is Net abuse; DO NOT SEND UNSOLICITED COMMERCIAL EMAIL, BULK EMAIL, EMAIL WITH FORGED HEADERS, OR POST IN VIOLATION OF USENET POLICIES. YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED AND YOU WILL BE RESPONSIBLE FOR THE ALL COSTS OF THE NETWORK DISRUPTION YOU CREATED. You will be charged $3.00 for EACH individual email which contravenes the above policy.
- Tortuous conduct such as posting of defamatory, libellous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
- The Customer expressly understands and agrees that illegal Adult oriented Websites featuring nudity and acts of a sexual nature are expressly prohibited. Direct Sites Online reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
- MUDDS, Listservers, IRC, chat applications, or any other Internet application that are not Website specific, are specifically prohibited
- Direct Sites Online Terms & Overdue Accounts:
An account is considered overdue if unpaid 31days from the date of Invoice. We reserve the right to stop supply, cancel an account or simply place any account considered overdue back on Proformaterms until such time we feel you are capable of paying within our terms.
Further and in accordance with the ‘Procurement 30 Day Payment Policy for Small Business’ introduced by the ATO in effect of 1st December 2008 we reserve the right to charge a Late Payment Interest fee on all accounts that lapse into 60 days.
Interest will be charged daily for each day the account has been overdue and billed at the end of the month in the form of a Tax Invoice [excl. GST] and sent with your month-end statement. Where the Late Payment Interest is calculated and is below .00 an Administration Fee of will apply instead. The general interest rate we will use to calculate the Late Payment Interest is updated by the ATO quarterly and is available from the Australian Taxation Office website.
Where final outstanding amounts are made before month-end you will be required to notify us so a Tax Invoice for Late Payment Interest can be issued prior to final payment. We also reserve the right to charge an account-keeping fee of per month on overdue balances to assist with collection costs.
All goods remain the property of Direct Sites Online and the Title in any goods does not pass to the Purchaser until all debts owed to Direct Sites Online an account whatsoever, including Interest, Bank Charges, Legal Fees and Collection Expenses are paid in full. In this regard the Purchaser grants the right for our chosen collections company to enter the Purchaser's premises, or any other premises where the goods are reasonably believed to be stored, without notice, to take possession of the goods and or services where appropriate.