# Terms of Service

Last modified: 25 November 2024

#### **Terms of Service for Sitecove Website Management Services**  <a href="#terms-of-service-for-sitecove-website-management-services" id="terms-of-service-for-sitecove-website-management-services"></a>

This Terms of Service agreement (the “Agreement”) sets forth the terms and conditions under which Sitecove (the “Company”) provides website management services to its clients (the “Clients”). By using the Company’s services, Clients agree to be bound by the terms of this Agreement.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.&#x20;

#### **1. Services**  <a href="#id-1-services" id="id-1-services"></a>

The Company provides a variety of website management services, including: Website hosting Website design and development Website maintenance and updates Content management Search engine optimization (SEO) Social media management The specific services that the Company provides will vary depending on the needs of the Client.

#### **2. Fees and Payment**  <a href="#id-2-fees-and-payment" id="id-2-fees-and-payment"></a>

The Company charges fees for its services. The fees will be agreed upon by the Company and the Client in advance of the commencement of services. The Client is responsible for paying the Company’s fees in full and on time.

#### **3. Term and Termination**  <a href="#id-3-term-and-termination" id="id-3-term-and-termination"></a>

This Agreement shall commence on the Effective Date and shall continue in effect until terminated by either party upon 30 days’ written notice to the other party. The Company may also terminate this Agreement immediately if the Client fails to pay any fees due to the Company or otherwise breaches any of the terms of this Agreement.

#### **4. Intellectual Property**  <a href="#id-4-intellectual-property" id="id-4-intellectual-property"></a>

All intellectual property rights in and to the Company’s services, including all trademarks, copyrights, and trade secrets, shall remain the sole property of the Company. The Client shall not acquire any intellectual property rights in or to the Company’s services by virtue of this Agreement.

#### **5. Confidentiality**  <a href="#id-5-confidentiality" id="id-5-confidentiality"></a>

The Company agrees to keep confidential all information that it receives from the Client in connection with the provision of services under this Agreement. The Company will not disclose any such confidential information to any third party without the prior written consent of the Client.

#### **6. Limitation of Liability**  <a href="#id-6-limitation-of-liability" id="id-6-limitation-of-liability"></a>

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

#### **7. Governing Law and Jurisdiction**  <a href="#id-7-governing-law-and-jurisdiction" id="id-7-governing-law-and-jurisdiction"></a>

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Queensland.

#### **8. Entire Agreement**  <a href="#id-8-entire-agreement" id="id-8-entire-agreement"></a>

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

#### **9. Severability**  <a href="#id-9-severability" id="id-9-severability"></a>

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

#### **10. Waiver**  <a href="#id-10-waiver" id="id-10-waiver"></a>

No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

#### **11. Notices**  <a href="#id-11-notices" id="id-11-notices"></a>

All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in via email to an email of record for the Company. or to such other address as either party may designate in writing from time to time.

#### **12. Headings**  <a href="#id-12-headings" id="id-12-headings"></a>

The headings in this Agreement are for convenience only and shall not affect its interpretation.

#### **13. Counterparts**  <a href="#id-13-counterparts" id="id-13-counterparts"></a>

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.


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