The terms and conditions below ("Terms") must be read by persons wishing to register (referred to in these Terms as "you" depending on the context) with Phase Eight Pty Ltd trading as Needatradie (ABN 73 158 549 510) - referred to in these terms as " Needatradie", "us" or "we" ....depending on the context.
You are required to accept these terms and conditions before proceeding to register with us and by accepting, you agree to be bound by and to comply with these terms as stated.
If you do not understand any part of these terms it is your responsibility to seek legal advice and/or have someone either interpret or clarify all points that you do not understand. /p>
- By registering with Needatradie to receive job leads or be on the tradie directory, you are responsible for ensuring that all information provided to us will not infringe on any other persons copyright or other intellectual property rights and you are also responsible for complying with all other legal requirements applicable to the registration you place with us.
- You must ensure that your registration will not:
- a. Contain or refer to any misleading, deceptive or fraudulent statements or offers;
- b. Contain any obscene, threatening, indecent or defamatory material disclosing confidential information; or
- c. Disclose information which identifies an individual or which can be used to identify an individual unless that person has consented to their personal information being disclosed.
- Each job lead is sent to a group of service providers that closest match the job details based on job, locality, size and description. Therefore it is important that you provide correct and accurate details when registering.
- Should we not have enough trades in a particular locality or for a particular job description we will send the job lead to the closest matching members. If you receive a job lead, that you feel does not match your criteria, simply delete the message.
- If a member responds to a job lead and makes an appointment it is compulsory that they either show up for any meeting, or at least call to reschedule. Any member that does not do so may be removed from the service with no refunds. If a member offers to provide a quotation and fails to do so without notification to the client they may be removed from the service with no refunds.
- All workmanship is the member's own responsibility and Needatradie will not be held liable or become involved in any Litigation arising from any member responding to any job lead.
- All care is taken on Needatradie's behalf to ensure that all job leads are authentic to the best of Needatradie’s ability.
- Needatradie will not be liable for any lost profit or any indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) incurred by you arising out of otherwise in connection with your use of our services (including as a result of any negligent act or omission). Needatradie's liability to you (including negligence and under any implied warranties which cannot be excluded at law) is limited to (at our discretion) the re-supply of services supplied or offered by us - or the cost of this re-supply.
- You agree to indemnify us and hold us, our subsidiaries, related companies, officers, directors, employees and agents harmless from all liability (including, but not limited to, liability as a result of or in connection with infringement of a third party's intellectual property right or moral right, and negligence) and any claim or demand (including any claim or demand made by any third party or any claim or demand based on negligence) as a result of or otherwise in connection with these terms, or use of our services.
- Needatradie needs to collect certain personal information in order to process and receive our services and we may need to contact you to provide certain follow up services designed to assist you to sell your services/products. If you do not send us the information, which is required, we will not be able to accept your registration. Other than personal information, which you send to us for inclusion, we do not disclose your information to third parties.
- Needatradie provides this service as is and without any warranty or condition, express or implied. Needatradie expressly excludes (to the fullest extent permitted at law) all warranties of any kind, including , without limitation, any implied warranties as to fitness of purpose or merchantability of this service or that using this service will not result in infringement of third party rights (including, but not limited to, intellectual property rights). In addition, Needatradie makes no warranty that the service provided by us, will be timely or error free.
- These Terms (and your dealings with us) are subject to the laws of Western Australia, Australia and are subject to change without notice.
- Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia and courts of appeal from them for determining any dispute concerning this agreement or the transactions contemplated by this agreement. Each party waives any right it has to object to an action being brought in those courts including, but not limited to, claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction. All transactions will be considered to be done within the local jurisdiction of Perth, WA. Any matter that requires a court appearance will be done so within the Perth Local district courthouse.
- It is a requirement that the Paypal annual subscription be valid and remains in place at all times for the continuation of the membership entitlements as per the Paypal trading terms. Cancellation of the Paypal subscription without communication from the customer to Needatradie or a renewal of the subscription within thirty (30) days will forfeit the subscription contract held between the Customer and Needatradie resulting in the withdrawal of all services, with no refunds given for the balance of any paid period of subscription. If it is the intent of the customer to no longer continue with their subscription the customer needs to indicate this in writing within thirty (30) days before the next subscription period and their subscription will expire at the end of the current subscription date.
- The Customer is solely responsible to provide all the needed information, so that Needatradie can provide the ordered service. If any information is missing after the order is submitted, Needatradie will request it from the customer additionally. If the customer does not provide the requested information in 10 business days after the request is sent, the order will be cancelled with no refund.
- Needatradie service fees do not include sales, use, transfer, privilege, excise or other taxes other than GST imposed by any taxing authority with respect to the Services provided hereunder. The Customer is solely responsible for paying all applicable taxes.
- Customer's use of account resources - The Customer should use all recourses provided by Needatradie in a manner that does not endanger the quality of the overall server performance. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund.
- In rare cases Needatradie may be able to re-activate a Customer's account that has been suspended for violation of terms of account resource use. This is done only if Needatradie decides that there is enough evidence that the violation will not be repeated and after a payment of a $50.00 re-activation fee.
- Customer's Responsibilities related to his/her Account Confidentiality and Integrity.
- The customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools.
- The customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. Needatradie cannot and will not be liable for any loss or damage arising from security bridged in any such software and application.
- The customer agrees to immediately notify Needatradie of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. Needatradie cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
- Customer's Responsibilities Related to Actions that Cause Harm to Needatradie - The Customer is responsible not to engage in or to instigate actions that cause harm to Needatradie or other Needatradie customers. Such actions include, but are not limited to, actions resulting in blacklisting of Needatradie IPs by the any online spam database, actions resulting in DOS attacks for any of the Needatradie servers, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. Needatradie has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied.
- Customer's Responsibilities related to his/her account content performance - The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. The Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Needatradie server's hardware and software. The specifications of the Needatradie hardware and software will be provided upon written request for such by use of the contact us form from the Needatradie website. Needatradie cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by Needatradie.
- Acceptable Use Policy - Customer should use all services provided by Needatradie for lawful purposes only. Customer agrees to maintain his/her website in full compliance with the terms listed below. If any part of the Customer's account is found to violate the Acceptable use policy below, Needatradie may take immediate corrective actions including immediate suspension of (or deletion), from the Customer's account without prior warning. Abuse of the acceptable use policy below may result in a warning, suspension or possible account termination with no refund. Needatradie has the right to decide what constitutes a violation of the terms below.
- By using any Needatradie Services:
- You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
- You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- You agree not to make, attempt or allow any unauthorized access to Needatradie website, servers, your own hosting account or the account of any other Needatradie customer.
- You agree not to allow any remote code execution of malicious software through your hosting account at Needatradie
- You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against Needatradie servers and facilities or the servers and facilities of other network hosts or Internet users.
- You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
- You agree that you will not use your Needatradie account for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
- You agree that you will not use Needatradie services to host any website, other content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
- are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related merchandising;
- contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;
- contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- contain any kind of proxy server or other traffic relaying programs.
- promote money making schemes, multi-level marketing or similar activities.
- contain torrent trackers, torrent portals or similar software.
- Backup Policy - Needatradie act in good faith to create a backup copy of each customer's account once a week. However, these copies are intended for Needatradie internal use only. The Customer is solely responsible for making backup copies of his/her web site and content. Needatradie has no liability or obligation to create, store or provide any backup copy to the Customers pages and other content.
- Needatradie cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of the Customer's page and other content or having an out dated back up copy of the Customer's page and other content.
- Needatradie Services Ownership - The person/organization, whose information is provided in the registration form, is considered by Needatradie as the OWNER of the service. Initially this information is automatically filed by Needatradie using the information provided during the order process on the order page. If there is both an Organization and a person pointed out as owners, the priority is given to the organization. The change of ownership needs to be done by way of the Needatradie contact form. The owner is solely responsible to ensure details provided to Needatradie are correct at all times.
- Needatradie will contact the Owner in any event connected with the ordered service. Needatradie will also consider the owner as the only one authorized to make requests to Needatradie connected with the ordered service.
- This person/organization, which pays for the ordered service is considered the PAYER of the service and is NOT considered as owner of the service unless one of the following is true:
- The Owner is the same as the Payer
- The Owner has contacted Needatradie and agreed that the ownership is transferred to the Payer.
- In case the OWNER is different from PAYER, the Owner is obliged to inform the Payer about the Needatradie ownership policy. Any dispute about ownership that can arise will be settled by Needatradie based on the ownership policy described above. Needatradie will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.
The customer understands and agrees with the fact that Needatradie does not control and is not responsible for the content of data, scripts, or other information passing through Needatradie's host computers, network hubs and points of presence on the Internet. Needatradie cannot be liable for the content of any data transferred or stored by any customer or customer's customers via the services provided by Needatradie.
Changes to these terms and conditions