Terms And Conditions Of Products And Services
Caniluna Pty Ltd (ACN 141 601 925 / ABN 89 163 146 542) is an independent company headquartered in Tasmania, Australia. In our customers interests, we have no proprietary affiliations to specific hardware or software vendors. Caniluna Pty Ltd performs all services in a professional manner in accordance with the contemporary standards of the Information Technology industry.
Website and Cookies
'caniluna.com.au' is the parent website of caniluna.com, caniluna.com.au and caniluna.net.au
Our website incorporates cookies. Caniluna does not record user specific information. Cookies are used for monitoring site usage and popular content. By using Caniluna's website you consent to the use of cookies in accordance with Caniluna’s privacy policy. Third-party product trademarks and registered trademarks remain the property of their respective owners.
Warranty and escrow
Unless specified by prior written agreement software and services supplied by Caniluna Pty Ltd are not covered by warranty.
Third-party product trademarks and registered trademarks remain the property of their respective owners.
Caniluna Pty Ltd may upon request make available to the customers escrow agent source code for those portions of the custom program(s) it has created.
Disclaimer of warranties
Caniluna Pty Ltd and its suppliers hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the software, and the provision of or failure to provide support or other services, information, software, documentation and related content through the software or otherwise arising out of the use of the software.
Except when otherwise stated in writing the copyright holders and/or other parties provide the software and services “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
The entire risk as to the quality, or arising out of the use or performance of the software and any support services, remains with you. Should the program(s) or system(s) prove defective, you assume the cost of all necessary servicing, repair or correction.
Exclusion of incidental, consequential and other damages
To the maximum extent permitted by applicable law, in no event shall Caniluna Pty Ltd or its suppliers be liable for any general, special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, business or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software, or a failure of the program to operate with any other programs even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Caniluna Pty Ltd or any supplier, even if Caniluna Pty Ltd or any supplier has been advised of the possibility of such damages.
Limitation of liability and remedies
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, Caniluna Pty Ltd and its suppliers aggregate liability arising out of or related to this agreement shall not exceed the amount actually paid by you for the software and services.
The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
Communications
Invoices, statements and other notices are sent to clients by email. If communications by other media are required it is the customers responsibility to request this. Caniluna reserves the right to charge a service fee for alternative communication methods. It is the customers responsibility to register new or changed contact details with Caniluna. Statements, invoices and account changes can be requested at any time by email to admin@caniluna.com
Website Management Services : Terms & Conditions of offer
- Offer available only to businesses and incorporated associations with an ABN, ACN or Association Number.
- Website content will be not more than 12 pages and/or 4GB content.
- Standard website design is for serving content using HTTP.
- Bundle includes weekly content change requests of 1 hour effort each. Significant or fundamental restructuring of the site may incur extra costs.
- DNS management of email service excludes the cost of the email service itself.
- Photos limited to 25 per customer and must be shot during a single on-site session.
- Photos provided in electronic format at 300DPI resolution.
- Additional and/or existing domain names may be transferred to your service for a minimal additional fee.
- Google Adwords and FaceBook advertisements optionally undertaken by the customer are not included in the monthly fee and will be invoiced separately.
- Sitemaps in XML format will be created and maintained for use by search engines.
- Service can be cancelled anytime after 3 months.
- Caniluna reserves sole access to website content management and hosting service.
- Website content, artwork, credentials, copyright clearances and text are the responsibility of the client.
- Unless otherwise instructed the website and related services will be taken-down/unpublished upon either non-payment or termination of the agreement by either Caniluna Pty Ltd or the customer.
