By using Maverick Mav Pty Ltd’s (“Maverick Mav”) services, and signing up as a Client together with any company or other business entity you are representing, if any (collectively, the "Client"), you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use the Maverick Mav Pty Ltd service. Maverick Mav Pty Ltd may revise these Terms and Conditions at any time and without notice by updating this posting. You also agree to be bound by any changes to these Terms and Conditions. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, Maverick Mav Pty Ltd, the Maverick Mav Pty Ltd service, all services related to it, packages and all text, images, photographs, layouts, user interface, "look" and "feel", data and other content included in it from time to time (including, without limitation, the selection and arrangement of such content) are referred to as the "Web Site" or “Service.” These Terms and Conditions govern the access, use, development, maintenance and/or design of all products and services, including but not limited to Maverick Mav Web Sites, for which Client may register and which are provided by or through any web site or co-branded web site owned or controlled by Maverick Mav Pty Limited, or any successor web sites.
This agreement will become effective when accepted by Maverick Mav. Maverick Mav may elect to accept or reject this agreement with the Client for any reason at its sole discretion. The Client acknowledges that it has independently determined that the Services to be supplied by Maverick Mav will meet the Client's requirements.

1 Web Site Generally.
  1. Description: Maverick Mav Service is an online offering where individuals or entities that have signed up with Maverick Mav as Clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media, (each, a "Creative Brief"), revise those Creative Briefs ("Revisions") and obtain responses (each, a "Response") to those Creative Briefs or Revisions from design experts retained by Maverick Mav (""). Clients will be provided the Service according to services and/or packages chosen by Client. Client’s Responses will be created iteratively through a drafting cycle of Creative Briefs, Revisions and Responses, ultimately resulting in a final Response conforming to Client’s various Creative Briefs and Revisions
  2. Creative Brief. Each Client is solely responsible for preparing and posting detailed descriptions of each of its Creative Briefs, including providing samples illustrating Client’s Creative Brief ("Samples"). Maverick Mav is under no obligation to review a Creative Brief or Revision or Samples or other Client provided content for any purpose, including accuracy, completeness of information, quality, intellectual property or clarity. Maverick Mav may decide, in its sole discretion, to deny a Creative Brief or Revision, or a Response.

  3. When Maverick Mav provides a Response to a Client, the Client shall review the Response. If a Client fails to promptly inform Maverick Mav that the Response is not reasonably responsive to the Creative Brief or Revision, the Client will be deemed to have accepted the Response. If a Client notifies Maverick Mav that the Client thinks a Response is not reasonably responsive to the Creative Brief or Revision, the Client shall submit information regarding amendments or modification to be made to the initial Response ("Revision"). After providing a Revision, Client will be provided a subsequent Response that conforms with the additional criteria requested by Client, in accordance with the package and/or services chosen by the Client.

  4. Responses. Maverick Mav is not responsible for the content of Responses developed to the extent that such responses are based in conformity with Client’s Creative Brief or Revisions.

  5. The purpose of the revision process is to create Responses that move forward in a specific direction as determined by the client. No revision work, which requires payment, will be started without authorization from Client.

  6. Client Accounts.
    1. Payment. Clients registering for the Service must pay for the Service via Cheque, Electronic Fund Transfer, credit card, or other payment method expressly authorised by Maverick Mav, at the time of registration for the Service. Clients will be charged for the Package(s) and/or services selected. If you pay your account by credit card, you will be required to provide a valid credit card number and your credit card billing address when you register as a Client. Maverick Mav will email client a receipt for the transactions in which Client is involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time. Such fees will not, however, apply to Projects submitted before such change in fees by Maverick Mav.

    2. Refunds. If Client is not satisfied with the Responses provided by Maverick Mav, Client may request a refund under the following offers;
      1. ‘Try-before-you-buy’ – If Client does not wish to proceed ahead after evaluating the initial design concept(s) produced by Maverick Mav, Client can inform of his decision to Maverick Mav and will receive a refund of 80% of the payment made for that service or package.

      2. Satisfaction Guarantee offer- At any stage of the work in progress, Client can choose not to continue with the Project. Client can inform of his decision to Maverick Mav and will receive a refund of 50% of the payment made for that service or Package.

      3. All refund requests under the above two offers have to be made in writing to Maverick Mav at the right stage.

      4. Exception. From time to time Maverick Mav may run special offers for which ‘Try-before-you-buy’ and/or satisfaction guarantee will not apply. Such exceptions will be displayed alongwith the special offer on our Web Site. Client acknowledges that it’s the Client’s sole and exclusive responsibility to read such terms and conditions.

      5. Should Client ask for and receive such refunds under ‘try-before-you-buy’ or satisfaction guarantee, Client acknowledges and agrees that it will have no right (express or implied) to use any Response or other work product, content, or media, nor any ownership interest in or to the same.

      6. Acceptance of any such refund shall constitute Client’s sole and exclusive remedy with respect to such Responses.

      7. Refunds are only available to the actual Client for whom the project was done. No refund is available for design firms or for those who order our design services on behalf of another entity.

    3. Project duration. Client agrees to provide timely responses to Maverick Mav after receiving messages from Maverick Mav. Unless otherwise stated in special offers listed on our Web Site, Client shall have 4 days to respond to each set of Responses submitted to Client for review. If after 4 days the Client has failed to so respond, Maverick Mav will assume the Project complete and the Project shall be deemed to be complete. At such time, Maverick Mav shall have no further obligation to Client, and Client shall pay Maverick Mav all fees and expenses associated with work performed by Maverick Mav.
      Exception: Some special offers will require the Clients to respond to Responses within a shorter time period. Such response time frames will be mentioned in the offers.

    4. Client will remain liable for all fees and expenses for incomplete work if the work has to be stopped, is incomplete, discontinued or suspended due to a failure on Client’s part to comply with these terms and conditions

    5. All accounts are payable before delivery of final artwork, uploading of final files to live sites or handing over of the work performed.

    6. Client must pay any and all fees and expenses associated with the work performed without any set off, counter claim or deduction unless same is agreed in writing between the Client and Maverick Mav.

    7. Maverick Mav reserves the right to charge urgency fees for faster turnarounds.

    8. Maverick Mav is not responsible to make or retain any back-ups or copies of any and all material including but not limited to files, database, code, websites, shopping cart, artwork, etc (some e.g. could be logo design artwork, stationery design artwork, website files, flash files, website backend code, shopping cart files, shopping cart product images, shopping cart- order and customer database and/or code, etc.). It is the Client’s sole responsibility to make and retain back-ups or copies of the material provided by Maverick Mav.

    9. Warranty: All work of Maverick Mav carries a warranty of 30 days and Maverick Mav will correct or provide a workaround for all defects identified during the period. The defects must be declared based on agreed product specifications taking into consideration the documents on business requirement, functional specifications & design and any communication formally exchanged. Work not covered by Warranty is charged at our current rate per hour. Maverick Mav also reserves the right to refuse support and/or resolve any outside of Warranty issue(s) at its sole discretion. Our Warranty will not cover issues such as: 

      • Issues with or usage of software/hardware outside of the Service Client purchased (such as creating FTP accounts, repairing corrupt database tables, etc)
      • Database integrity or database performance issues, including database optimisation and tuning
      • Configuration/installation of Apache, IIS, MySQL, Oracle, MS SQL Server, etc
      • Service where code has been customised, regardless of whether the change was minor in nature or not
      • Design, layout, feature or functionality changes outside of agreed product specifications and defined scope
      • Add-ons or templates which were not purchased directly from Maverick Mav
      • Data migration, database backups or corrupt database repair
      • Enabling/disabling PHP settings on your webserver except where required as part of custom web development service purchased from Maverick Mav
      • Debugging of third party mail servers or mail server configurations
      • Issues experienced in non-supported server or client environments
      • Network configuration or deployment
      • Service which has been used or modified contrary to the usage instructions
      • Service which has not been updated to the latest stable version
      • Problems with license keys on Service that has been discontinued or has not been updated to the latest stable version

2 Eligibility, Access, Use and Service.
    (a) Eligibility Requirements. To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions, Terms of Use and the Privacy Policy, and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorised to bind that entity to these Terms and Conditions. Maverick Mav may accept or reject your registration in its sole discretion. The Service is not directed to children.
    (b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Web Site on an internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under Australia copyright law, print copies of insubstantial portions of the Web Site. Except as expressly authorised by the foregoing sentence and as otherwise permitted herein, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the Web Site.
    (c) Prohibited Uses Generally. You are required to comply with all applicable laws in connection with your use of the Service, and such further limitations as may be set forth in any written, on-line or Web Site displayed notice from Maverick Mav. Without limiting the foregoing, you agree not to transmit, upload, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, secretly intercept or expropriate any system, data or information. You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (ii) delete or revise any material or other information of any other user or Maverick Mav; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on this site; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism(including but not limited to browsers, spiders, robots, avatar's or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from Maverick Mav on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorised to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (iii) attempting to interfere with service to any user, host or network, including but not limited to, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. Maverick Mav will investigate occurrences that may involve such violations and may involve, and/or cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Maverick Mav reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. Maverick Mav will take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
    Exception: We rely on our affiliates, independent contractors and business partners to design, develop, maintain and support products and services, trials and information requests, and provide Clients and prospective customers with information about Maverick Mav and its solutions. To do this, we may pass your information to them for that purpose only, and they are prohibited from using that information for any other purpose. Maverick Mav also relies on affiliates, independent contractors and business partners and also hires vendor companies to provide services on our behalf, including packaging, mailing and delivering items, sending postal mail, managing sales & marketing campaigns, web site visitor analysis, providing technical and customer support, and processing event registrations. We provide those companies only the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
    By registering as a Client, you consent to this transfer of your personal data.
    (d)Operation of Web Site. Maverick Mav shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. Maverick Mav reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although Maverick Mav intends to use commercially reasonable efforts to make the Web Site and Service accessible, Maverick Mav makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. Maverick Mav may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Maverick Mav shall not be responsible for any loss, cost, damage or liability whether direct, indirect or consequential that may result.
3 Responsibility for Content; Other Representations, Warranties and Covenants.
    (a) Company. Maverick Mav shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Maverick Mav makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including but not limited to, any Responses, Creative Briefs, Revisions, content or User Identity (as defined below)) that are communicated through, or posted to, the Service, whether by , Clients, Maverick Mav, affiliates, business partners or otherwise, nor does Maverick Mav endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, Maverick Mav makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement. You acknowledge that any reliance on information or other material, including but not limited to, any Job, Response or User Identity, communicated through the Service, or posted to the Web Site will be at your own risk. Without limiting the foregoing, each Client agrees and acknowledges that it uses each Response at its own risk and that it is solely and exclusively responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.

4 Services
  1. General
    1. Revision. Each revision will only be carried on one selected design.

    2. Stock images. Except for logo Design, customized icons & buttons, illustrations, character & mascot design, all other services do not include any customized designs, drawings, images or illustrations. Only stock images or Client provided images will be used in all other services.  Stock images usage will be charged extra- This charge will be informed to the Clients in advance.

    3. Printer or ISP Liaison is charged at our current rate per hour.

    4. Material. The Client is responsible for ensuring that he has obtained all necessary licenses or permissions to use materials that have been provided to us. We do not accept any liability for any claims of breach of copyright in respect to materials that you provide. By signing this agreement you warrant that you have obtained all necessary permissions in respect to the use of such material. Further, Maverick Mav reserves the right to reject or remove any material that we consider unacceptable.

    5. Support mode. Depending on the Services and packages chosen by the Client, support will be either through email only or email and telephone only. The type of support is usually listed in each individual service and/or package displayed on our Web Site. Unless specified, none of the packages include face-to-face support or interaction. Any such requests are charged at our current rate per hour. For large and volume orders, we will carry out face-to-face support, meetings and interactions. However, in such cases our advertised prices and packages may not apply.

    6. The design services do not include printing.
    7. Support Exclusions - Our Support (even if under Warranty) will not cover issues such as: 

      • Issues with or usage of software/hardware outside of the Service Client purchased (such as creating FTP accounts, repairing corrupt database tables, etc)
      • Database integrity or database performance issues, including database optimisation and tuning
      • Out of Warranty training support or usage support  of Maverick Mav provided services (online knowledgebase & tutorials are provided for any training or usage issues.
      • Usage of hosting panel software (online knowledgebase & tutorials are provided)
      • Configuration/installation of Apache, IIS, MySQL, Oracle, MS SQL Server, etc
      • Service where code has been customised, regardless of whether the change was minor in nature or not
      • Add-ons or templates which were not purchased directly from Maverick Mav
      • Data migration, database backups or corrupt database repair
      • Enabling/disabling PHP settings on your webserver except where required as part of custom web development service purchased from Maverick Mav
      • Debugging of third party mail servers or mail server configurations
      • Issues experienced in non-supported server or client environments
      • Network configuration or deployment
      • Service which has been used or modified contrary to the usage instructions
      • Service which has not been updated to the latest stable version
      • Printer or ISP liaison unless specifically agreed to
      • Problems with license keys on Service that has been discontinued or has not been updated to the latest stable version
      Exception- Maverick Mav will continue to provide regular technical support related specifically to hosting service, SEO and Google AdWords service. All other support services will be charged at  our current rates.

    8. Updates & Upgrades Support – Unless specified, our Services do not include any updates (e.g. maintenance updates, security patches, etc.) and/or upgrades (e.g. enhancement upgrades). All such updates and/or upgrades are charged as per our current rates.
      Exception: Maintenance Updates (e.g. bug fix release, security patches i.e. a software released to fix an existing known issue) are included free of cost during the Warranty period only.

    (b) Web site design and development
    i. Open source software. Unless specified, all web products and/or services features, functionality and programs are designed, developed and maintained using open source software only.
    ii. CMS. Unless specified, the web design and development services do not include any Content Management System (CMS). Some of the packages do have CMS system and they have been advertised clearly as self-updatable.
    iii. Drawing of Custom Icons, characters, mascots, logo and illustration design and photo manipulation will be additional price items and are not included in the website design services. However, searching, downloading and using of royalty free stock images are included in the Service. Stock images will cost $9.50 + GST per stock image. Alternatively, Clients can provide their images for use in the design and this is included in the Service.
    Photo manipulation may include cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. Photo manipulation does not include colour correction or making a low-resolution image a higher resolution, clearer or crisper looking.
    iv. SEO. Search Engine Optimisation service is not included in the Web site design and development. SEO is an additional service. Further, due to the day-today fluctuations we make no claims or promises in regard to search engines and search engine placement and position. This is due to the sheer numbers of companies applying for inclusion on the free search engines.
    v. Links. Maverick Mav reserves the right to make links from our Web Site to your website and from your website to ours.
    vi. Testing. All websites will only be tested in IE version 6 & Firefox Version 3.5 at 1024 x 768 monitor resolution. Further, our services do not include any other testing e.g. security, load, traffic, performance testing, etc.
    vii. Websites with CMS - The advertised website packages with CMS (Content Management System) are only provided on our web servers and cannot be moved away from our web servers.
    viii. Websites with CMS - Maverick Mav will provide the completed CMS (Content Management System)  based website with blank pages and database- Clients can then create the pages and also insert the copy/images themselves. Alternatively, we can upload the content at our current rates. Maverick Mav CMS websites are self managed and Maverick Mav is not responsible for any copy, editing or updating of your website.
    ix. Websites with CMS training – Unless specified, usage training is not included in the advertised packages. However, online knowledgebase & tutorials are provided for any training or usage issues. Clients can also purchase thirty minute block of training sessions for $35.00 + GST. This training will be remote online instructor led training.
    x. No hosting payment refunds are payable for early cancellations. So for e.g. if you have chosen the annual hosting plan and you would like to cancel the service after 6 months, then no refunds will be payable
           
    (c) Google AdWords Management service
     i. If your monthly Google Advertising budget is more than $1000.00, we will install the Google Analytics tracking code free on your website. Alternatively, we can send you the script and you can install it through your existing web developer. For budgets less than $1000.00 per month, installation of Google Analytics will cost $125.00 (incl GST)
    ii. Any site changes & implementation for e.g. landing page design/redesign, content creation/editing, creation of new pages or forms ( e.g. ‘Contact Us’ form) would be additional price items.
    iii. Our monthly management charges do not include Google Advertising spend. Google will separately charge your credit card.
    iv. You can cancel your account at any time by giving us a one month notice
    v. The campaign is setup on our Google Multi client centre and cannot be transferred to you. Further, Maverick Mav will not provide you with the login details of your Google AdWords account as Maverick Mav will manage this account as part of your Service.
    vi. Initial Campaign set-up may take upto 3-5 Business Days after receipt of payment (Usually it is quicker but sometimes we may need to do extensive analysis and get inputs from your side as well.)
    vii. Daily spend is not guaranteed to be spent daily. However daily overspending, or underspending are adjusted accordingly by Google to ensure that your monthly budget is not exceeded.
    viii. Although it is our sincere endeavour to constantly improve, we cannot be responsible for nor do we communicate or warrant any performance or improvement in any performance including but not limited to increase in visitors, sales, particular position, ROI, click through, conversion, etc.
    viii. We may change, without any notice or approval from you, methodologies, report formats, analysis, etc from time to time to reflect the changes in Search Engine Marketing landscape
    ix. No refunds or adjustments will be made for any reasons including for example if your account is paused or your website is down or not working, etc.
    x. By signing this Agreement, you also agree to have read and accept Google AdWords  terms and conditions, privacy policy,  Advertising policies, etc
    AdWords Advertising Policies - https://adwords.google.com/support/bin/static.py?page=guidelines.cs
    Google Privacy Policy -   https://adwords.google.com.au/support/bin/static.py?page=guidelines.cs&answer=54817 
    AdWords Terms & Conditions - https://adwords.google.com.au/support/bin/static.py?page=guidelines.cs&answer=54818
    Google Advertising Cookies - https://adwords.google.com.au/support/bin/static.py?page=guidelines.cs&answer=100744

    (d) Search Engine Optimisation (SEO) Service
    i. SearchStartTM
    This service will submit your website to the world's leading search engines. While the Service is structured to provide a high level of success, we do not guarantee that your site will be listed.
    ii. SearchOptimiseTM
    a. Whilst we will try to strengthen your positions on important Search Engines, we do not warrant that this effort will be successful.
    b. The cost for making changes to your site is not included in the price for this service and is quotable at the time of assessment.
    iii. SearchTurboTM
    a. Reporting is dependant on tracking code being added to your web site. Maverick Mav offers the addition of this code at no extra charge. You may choose not to use Maverick Mav to add this tracking code. If this is the case, Maverick Mav will not be responsible for any delays in adding this code to your web site.
    b. Changes required for optimising your search results are not included with the SearchTurboTM program, unless otherwise agreed to at sign up. Regular changes will be suggested to improve search results on search engines. If these suggestions are not implemented by you, it must be understood that results will not be achieved and that Maverick Mav is not responsible.
    c. Link building- Maverick Mav will ensure that the links are related to your website. Maverick Mav is not however, responsible for any content on the sites acquired as links. It should be understood that while the links are suitable for search engines at the time of exchange, this may change overtime.
    iv. SEO Service General:
    a. Our charges need to be prepaid monthly or 3 month period.
    b. Although it is our sincere endeavour to improve your position on search engines, we cannot be responsible for nor do we communicate or warrant any performance or improvement in any performance including but not limited to increase in visitors, sales, particular position, ROI, click through, conversion, etc.
    c. We may change, without any notice or approval from you, methodologies, report formats, analysis, etc from time to time to reflect the changes in Search Engine Marketing landscape.
    d No refunds or adjustments will be made for any reason(s) including for example if suggested changes to your website are not made, your website is down or not working for any reason, etc. Our charges will continue & payable irrespective of any such reason.
    e. We reserve the right to cancel the service by providing a one month notice at any time. The reason may include but is not limited to slow or inadequate response to our request for input, non-implementation of change requests, etc. In such cases, we will refund the unused full calendar month payment made (minus any set-up charge paid).
    f. We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimisation services by us.    

      (e) Shopping Carts design and development
    i. All shopping cart services are provided on CubeCart platform unless an alternate Service is specifically mentioned
    ii. CubeCart based shopping cart Service is provided on an‘as is’ basis. I.e. No functionality, feature or specification changes to the CubeCart are included. However, we will change the look and feel of CubeCart as per your Creative Brief.
    iii. By signing this Agreement, you also agree to have read and accept CubeCart terms and conditions at http://www.cubecart.com/terms-of-use , http://www.cubecart.com/refund-policy
    iv. CubeCart license fee is non-refundable and once the license is purchased, will not form a part of the calculation for refunds under ‘try before you buy’and‘satisfaction guarantee’.
    v. No hosting payment refunds are payable for early cancellations. So for e.g. if you have chosen the annual hosting plan and you would like to cancel the service after 6 months, then no refunds will be payable.
    v. Maverick Mav will provide the completed shopping cart website with blank pages and database- Clients can then create the pages and products themselves and also insert the copy/images themselves. Alternatively, we can upload the content at our current rates. Maverick Mav provided Shopping Carts (including CubeCart) are self managed and Maverick Mav is not responsible for any copy, editing or updating of your website.
    vi. Thirty minutes of remote online instructor led training is provided. Additional thirty minute block of training sessions can be purchased for $35.00 + GST .
    vii. Drawing of Custom Icons, characters, mascots, logo and illustration design and photo manipulation will be additional price items and are not included in the Shopping Cart design services. However, searching, downloading and using of royalty free stock images are included in the Service. Stock images will cost $9.50 + GST per stock image. Alternatively, Clients can provide their images for use in the design and this is included in the Service.
    Photo manipulation may include cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. Photo manipulation does not include colour correction or making a low-resolution image a higher resolution, clearer or crisper looking.
    (f) Maverick Mailer - Email Marketing- Terms of Use

5 Ownership; Rights to Use.
  • (a) Web Site and Service Generally. Except as expressly contemplated under this Agreement, as between Maverick Mav and you, Maverick Mav owns and will continue to own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and other Services, in all media now known or later devised, to the full extent provided under Australia and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Maverick Mav, including "Maverick Mav", without the prior written consent of Maverick Mav in its sole discretion for each such use. Maverick Mav shall be free to reproduce, use, disclose, transmit, perform or create derivative works, and distribute any item from Web Site and Service unless specifically agreed otherwise. Further, Maverick Mav shall be free to use any ideas, concepts, know-how or techniques acquired in construction of Web Sites & Service for any purpose whatsoever, including but not limited to developing, manufacturing and marketing Services, products and other items incorporating such information unless specifically agreed otherwise.
    (b) Creative and Response Briefs. Upon submission of a Creative Brief or Revision or any other information or media provided by Client in connection with Client’s use of the Service (collectively, the "Client Information"), Maverick Mav and its affiliates, independent contractors, business partners, vendor companies and agents shall have all rights and licenses necessary to use such Client Information for purposes including but not limited to of designing, developing, maintaining, revising, enhancing , obtaining Responses and for archival purposes. Any and all affiliates, independent contractors, business partners, vendor companies and agents to whom a Client project is made available have the right to review and display such information solely for purposes of providing Client with the Service and Responses.
    (c) Rights of Maverick Mav. Upon Client’s submission of Client Information to the Service, Client grants Maverick Mav, its affiliates, independent contractors, business partners, vendor companies and agents a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent only necessary to provide Client with the Service and Responses.
    (d) Rights of Clients for Logo Design Service only. Subject to Client’s compliance with the terms and conditions of this Agreement, Client shall own any and all intellectual property, rights, title and interest therein to final Response compositions provided to Client, under the Logo Design Service only. Any and all ownership, intellectual property, rights, title and interest in final Response compositions of all other services and/or packages are expressly and solely reserved to Maverick Mav.
    (e) Client shall not own and/or use any materials including but not limited to designs, software, code, programs, media or other content generated during any revision cycles leading up to the final Response composition, with such intellectual property, right, title and interest expressly and solely reserved to Maverick Mav.
    (f) Client acknowledges and hereby grants to Maverick Mav the right to use Creative Briefs and Revisions, as well as individual Responses provided to Client and final Response compositions, for internal and archival purposes, and in order to display and promote the Maverick Mav Service.
    (g) Client acknowledges and agrees that; (i) its rights under this Agreement shall be limited solely to the final Response composition of the Logo Design only (ii) no trade or service marks in or to any final Response compositions are being conveyed under this Agreement. Client acknowledges and agrees that Maverick Mav shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order to validate the proprietary or legality of the Response compositions. Accordingly, Client is encouraged to perform its own independent searches with regard to the Response compositions. Furthermore, Client acknowledges and agrees that Maverick Mav shall have no responsibility, duty or obligation of any kind to assist Client in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the Responses, nor shall Maverick Mav be responsible in otherwise assisting Client in any way in Client’s perfection of Client’s rights in or to the Responses.
6 Registration, Password, User Identity.
    (a) Your User Identity. When you register as a Client, you will create a user identity (your "User Identity"), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain personal information. However, your user name need not be your real name. You are responsible for ensuring that you are comfortable making such information available to other Web Site users.
    (b) Access Numbers, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Web Site. You shall immediately notify Maverick Mav if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorised use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorised use, Maverick Mav may impose on you, at Maverick Mav's sole discretion, additional security obligations.
    (c) Security Breaches and Revision. If any unauthorised person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief Maverick Mav. You shall otherwise cooperate and assist in any investigation relating to any such unauthorised access.
7 Nondisclosure and Privacy.
    (a) Privacy. Maverick Mav intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at Maverick Mav's sole discretion. Notwithstanding the foregoing, Maverick Mav cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, but not limited to, any information accessed by a hacker or by any other malicious act.

8 Disclaimers; Limitations of Liability.
    (a) Generally; Release from Claims. The Service serves solely as a venue for the creation of work and Maverick Mav does not screen or censor any information or material posted to the Web Site. Although Maverick Mav makes commercially reasonable efforts to determine the identity of Clients, Maverick Mav cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because Maverick Mav does not and cannot be involved in user-to- user dealings or control the behaviour of participants on the Web Site, if you have a dispute with one or more users, you release Maverick Mav (and its independent contractors, business partners, vendor companies, affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
    (b) Disclaimer of Warranties. USE OF THE SERVICES AND ANY RELIANCE BY THE CLIENTS UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." MAVERICK MAV MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY RESPONSE, JOB, USER IDENTITY OR LINKED CONTENT (AS HEREINAFTER DEFINED). MAVERICK MAV DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAVERICK MAV DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii)WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY MAVERICK MAV OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.(c) Limitation of Remedy. NEITHER MAVERICK MAV NOR ANY THIRD PARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHERLAW. (d) Exclusion of Consequential Damages. IN NO EVENT SHALL MAVERICK MAV OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE,INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF MAVERICK MAV OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

    Your Sole and exclusive remedy for any failure or non-performance of the Services shall be for Maverick Mav to use commercially reasonable efforts to adjust or repair the Services
    IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, MAVERICK MAV IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF MAVERICK MAV TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.

  1. Indemnification. Upon a request by Maverick Mav, you agree to defend, indemnify and hold harmless Maverick Mav and its subsidiaries, affiliates, officers, independent contractors, business partners, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions or your use of the Web Site, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.
  2. Links to Third Party Services. The Web Site may contain links to third party web sites or other services (the "Linked Content"). The Linked Content is not under the control of Maverick Mav and Maverick Mav is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. Maverick Mav is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by Maverick Mav of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
  3. Termination. Maverick Mav reserves the right, in its sole discretion, to terminate Client’s access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, Maverick Mav will work with Client to determine the amount of any refund (if any) to be paid to Client as a result of such termination. Should Client’s use of the Service result from Client’s material breach of the terms and conditions of this Agreement, or any other agreement to which Maverick Mav and Client are a party, Client shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.
  4. Force Majeure. Neither party shall be deemed in default or otherwise liable under this agreement, except with regards to payments due herein, due to its inability to perform its obligations hereunder by reason of any fire, earthquake, flood, substantial snow storm, epidemic, accident, explosion, casualty, strike, lock-out, labour controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God or any municipal, county, state, provincial, territorial or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder) or any failure or delay of any transportation, power or communication system or any other similar cause beyond that parties' control.
  5. Email communications. Maverick Mav will generally use email to communicate with Client. By using the Maverick Mav service you agree to receive status notifications, a monthly newsletter, and carefully selected special offers and promotions for our services, or for third-party services Maverick Mav believes could be of value to Client. This is essential to maintaining the low-cost of our services. You are free to unsubscribe at anytime.
  6. General. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by Maverick Mav (e.g., privacy policy) as a condition precedent to Client’s use of the Service), between you and Maverick Mav regarding the subject matter of these Terms and Conditions. No modification, amendment, or waiver of these Terms and Conditions or Terms of Use or any part of them shall be binding unless evidenced in writing and signed by Maverick Mav. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions shall be governed by the substantive law of the State of New South Wales without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Sydney, New South Wales, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Maverick Mav agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. Maverick Mav may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by Maverick Mav of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.