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Website Packages Terms
Welcome to the
Starlink Design
website (this "Site") which is owned and operated by SET Holdings Pty Ltd
.
These terms of use are a legal agreement ("this Agreement" or "these terms") which sets forth the terms
and conditions which
govern your use of this Site, as well as the products and services (individually and
collectively, the "Services") found at this Site, but does not cover Services individually supplied by resellers.
In order to become a user of Services, you must irrevoca
bly agree to be bound by these terms. If you do
not agree to be bound by these terms, you must ensure you do not indicate to us your acknowledgement
and agreement to be irrevocably bound by these terms. Your acknowledgement and agreement to be
irrevocably
bound by these terms will be indicated to us upon making an application to us for the use or
purchase of Services, purchasing or us
ing the Services provided by us
1. Interpretation
In this agreement the following terms shall have the following meanings:
We, us, our, etc
means SET Holdings Pty Ltd.
and its number of trading names (including, in particular,
Starlink Design) unless otherwise specified.
You, Your, Customer, User, etc means
The person who requests or utilises the provision of this Site,
or
any Services provided by us.
Services
includes
any product, license, package or account offered by us.
Supplier
shall refer
to any third party which provides a product/service which we resell/offer to you.

2. Service Terms
1.
You must be 13 years or
older to use this Service;
2.
You must provide your legal full name, a valid email address, and any other information requested
in order
to complete the setup process;
3.
You are responsible for maintaining the securit
y of your account and password;
4.
You understand that
we have
a minimum 12
-
month contract;
5.
You irrevocably agree and authorise that we may directly debit that payment using the credit card
account details pr
ovided by you upon registration
;
6.
You acknowledge and agree that we, at our sole dis
cretion, m
ay terminate y
our use of the Site
and/or the Services without prior notice if we believe that You have violated or acted inconsistently
with these Terms or our privacy policy. You agree
that we shall not be liable to y
ou or any third
party for te
rmination of Your access to the Site and Services. In
the event of any termination, y
ou
will immediately cease access to the Site
and we will no longer provide y
ou the Services, and You
agree to promptly pay any outstand
ing fees owed under these Terms;
7.
You
agree that failure to pay or failure of payment being hon
oured will void your services
and
relieve us of any responsibility with regards to the provis
ion of the services applied for
;
8.
You may not use the Servi
ce for any illegal or unauthoris
ed purpose. You
must not, in the use of
the Service, violate any laws in your jurisdiction (including but
not limited to copyright laws);
9.
You understand and agree that we are not responsible for the Content posted on the Service and
you nonetheless may be exposed to such
materials. You agree to use the Service at your own risk.
3 . Liability & indemnity
You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and
against any claim brought against us, by a third party resulting from
the provision or use of Services, and in
respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal
costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of
your
breach or non
-
observance of these terms.
You expressly and irrevocably agree that our total aggregate liability to you for any proven losses,
damages and claims in connection with the provision or use of Services or this Agreement, including
liability for
breach of contract, negligence, tort, or any other common law or statutory action, shall be limited
to the charges paid to us by you in respect of the Services which are the subject of any such claim. You
agree to defend, indemnify and keep indemnified and
hold us harmless from any:
1.
Loss of business, contracts, profits or anticipated savings;
2.
Other indirect or consequential or economic loss whatsoever;
3.
Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or
so
ftware issues, outages, failed deliveries, and any service interruption not caused by us;
4.
Injury to person or property allegedly caused by any products sold or otherwise distributed in
connection with us;
5.
Negligence, misconduct, or breach of this agreement
by you;
6.
Incomplete, inadequate or otherwise problematic use of any Services by you;
7.
Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any
Services or this Agreement prior to making a purchase;
8.
Incomplete, inade
quate or lack of knowledge and experience necessary for use of any Services;
9.
Allegation that your account infringes a third person's copyright, trademark, or intellectual property
right, or misappropriates a third person's trade secrets due to the
information you have provided
us, and
10.
Damages including but not limited to indirect, special, incidental, consequential or exemplary
damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement
or Services.
You und
erstand that should we be notified of pending legal action, we may seek written confirmation from
you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and
you expressly and irrevocably agree that failure to pr
ovide such confirmation may be considered a further
breach of this Agreement.
Where to do so is unlawful under any Act falling under the governing law of this Agreement, nothing
contained in this Agreement excludes, restricts or modifies any condition, war
ranty or other obligation in
relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit
of a non
-
excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling
under the
governing law of this Agreement, our sole liability for breach of any such condition, warranty or
other obligation, including any consequential loss which you may sustain or incur, shall be limited (except
as otherwise specifically set forth herein) to eit
her the supplying of the service/product again or payment of
the cost of having the service/product supplied again.
4 . Modifications
We retain all right to determine the features and capabilities included as part of the Site and the Services.
We may inclu
de features and capabilities that link to third
-
party services, content, advertisements,
applications, widgets or we
bsites from the Site, Services.
You understand that
Starlink Design
uses third party vendors and hosting partners to provide the
necessary
hardware, software, networking, storage, and related technology required to run the Service.
We reserve the right to modify, suspend, or discontinue the Site and the Services or modify the Terms from
time
-
to
-
time, with or without notice to You, and we are
not liable to You or any third party should we
exercise such right. If You object to any such changes, Your sole recourse is to discontinue using the Site
and the Services. Continued access and/or use of the Site and/or the Services following notice of any
such
changes shall indicate Your assent to and acceptance of such changes.
5 . Miscellany
You understand that
you must include a link with the text “Powered by
Starlink Design

or “Design by
Starlink Design”
that links back to
http://starlink
-
design.com/
.
This link must be large enough to be visible.
You understand that information that You submit to us, including, Your Content, is submitted precisely for
the purpose of public disclosure in a variety of media and channels, and therefore such information is not
subject to any confidentiality obligation.
You acknowledge and agree that
Starlink Design
cannot fully eliminate security risks and cannot guarantee
that unauthorized access to Your information will never occur.
6. Payment
You irrevocably agree and authorise that if any payment due from you to
us is not received by the due
date, that we may directly debit that payment using the credit card account details provided by you upon
registration.
We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs)
incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an
administration fee for any dishonoured cheques.
The charges for our services are published on our web site. We maintain the ability to change them at wi
ll,
however changes are not retrospective.
7.
Refunds
You expressly and irrevocably agree that:
1.
It is your responsibility to ensure that Services are utilised to their full potential;
2.
It is your responsibility to ensure the appropriateness and compatibility of Services that you are
purchasing;
3.
You have ensured that Services that you are purchasing are appropriate and compatible to your needs
prior to making the purchase;
4.
We are not obli
ged to provide refunds for any Service, but we may offer refund only if a cancellation
request is filed within 24 hours of the purchase application being made (this refund policy does not
apply for any monthly or regular fees)
.

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