Terms and Conditions

General Terms

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.

Definitions

‘Company’ means Removify Pty Ltd, ABN 82 630 941 534

‘Client’ means the business or individual engaging the Services of the Company through the agreement to these Terms

‘Nominated Publisher’ means the specifically identified website that hosts and/or displays the Nominated Content on the Internet. For De-indexing services, this means removal from being displayed by the search engine (eg Google) but not necessarily from the publishing website itself.

‘Nominated Content’ means the content identified and mutually agreed between the Client and the Company as being the target of the Services.

‘Services’ means the services identified in the quote or proposal provided by the Company that refers to these terms.

Content Removal Services

The Company is authorised to represent the Client for communicating with the website publisher responsible for displaying the content that has been nominated for removal.

The Client agrees that the Services provided by the Company only include the attempted removal of the Nominated Content from the Nominated Publisher(s). The Client is only liable for payment for successful removals of the nominated instance of the content.

The Client agrees that the Company is not responsible if the Nominated Content specified in the agreement is uploaded to other Nominated Publishers (within or outside the agreed upon term) which were not specified in the agreement.

The Client acknowledges and agrees that the Company may require information and materials from the Client in order to perform the Services. If the Services provided are delayed as the result of insufficient or unreasonably slow communication from the Client, the guaranteed term for content removal may be reasonably increased by the length of this delay.

The Client acknowledges that the Company makes no guarantee that the Nominated Content will be removed, either partially or in full. The Company will only charge the balance of the quoted price for successfully removed content.

The Company agrees that it will not directly contact the author of the Nominated Content unless written authorisation to do so is given by the Client. The Company warrants that the Services are primarily focused on communicating with the Nominated Publisher regarding removal of the content. However, the Client understands that from time to time, the Nominated Publisher may notify the original author of the content as a result of the Services and the Company has no control over this.

The Client agrees that the Company is not responsible if the Nominated Content is edited by the author or publisher and re-posted as a new instance after it was successfully removed in its original form.

The Client agrees that if the Nominated Content is removed within the agreed upon term, it will be agreed that the Company was solely responsible for its removal and the balance of fees for the removal of that content will be due.

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 the 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.

Payments, Refunds & Guarantees

The Company may require a deposit to be paid before commencing the Services. Unless otherwise instructed, the Company will securely store the Client’s payment details from the deposit payment and use these to charge the balance of fees for successful removals. The Company agrees to notify the Client of successful removals before charging the balance of the fees.

The Company agrees that fees will be refunded in the case that it cannot remove the specified content within the agreed upon term. In any other circumstance, there are no refunds available on services provided by the Company.

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 made irreversible submissions for the removal of some or all of the Nominated Content, for which the Client will still be liable to pay the outstanding balance if successfully removed.

Confidentiality & Mutual Non-Disclosure

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.

a. Each party agrees 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 to those employees or consultants of the receiving party who are required to have the information in order to evaluate or engage in discussions concerning the contemplated business relationship.

Miscellaneous

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 unless agreed to in writing between both parties.

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.

We may revise the terms of this Services Agreement 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 Services Agreement. As such, please check our website from time to time to take notice of any changes made.

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.