TERMS & CONDITIONS

Shikinet (SN, Shikinet, Website, us, our, service) will deliver Ordered Services to (You/Your personnel/entity, etc.) being the individual, business, or legal person purchasing our Services, and subject to the Terms and Conditions outlined in these terms of service. If You accept or pay for any Services, authorise SN to offer any Services, or accept any Services from SN after receiving or becoming aware of these terms, it will be assumed that You have accepted these terms. By accepting these terms, You and SN are forming a legally binding relationship that will last until SN has provided You with the Ordered Services or until these terms are expired. You warrant and guarantee that You are legally able to accept these conditions on behalf of any entity that You represent. SN may modify these terms on the website at any moment. It will be assumed that You have accepted the most recent version of these terms if You keep using any Services and/or whenever You visit our website.

General

• SN will supply Your Ordered Services to You and in line with the information stated for that service as stated on our website.
• Services will be provided on a recurring basis (subscription Services) until You terminate the service.
• Services will automatically renew and continue to be provided to You at the applicable fee.
• Ordered Services consist of the following:
  • Hosting Services
  • Domain Registration
  • SSL Certificates
  • Website Maintenance
  • Website Support
  • Website Design
  • Other Misc. Services

SN reserves the right to defer the start of any of Your Ordered Services until You pay any fees owed in relation to those Ordered Services; and/or suspend or postpone the delivery of any of Your Ordered Services indefinitely until You pay any fees owed in relation to those Ordered Services.

Acceptance

• You agree to test any deliverables/ Services that SN sends to You and to let SN know within 14 days should You reject any of the Services.
• You shall be regarded to have accepted the service if, after 14 days You have not notified SN whether You accept or reject any Services.
• You realise and agree that despite whatever acceptance testing You may have conducted, this does not ensure that there won’t be any faults or problems with the accepted service.
• SN shall not be held responsible for any fees, losses (including indirect losses), or damages You may incur. after it has been accepted (including if the service has been judged to be accepted by You) in connection with a service.

Schedule of Services

• Any times and dates offered to You in connection with the Services You Ordered are provided simply as a guideline for when Your Services should be performed or delivered.
• SN may need to alter any dates and times in a reasonable manner for several reasons, including timely approval issues or supply, or any information from You that SN requires. If an time adjustment is needed, SN will let You know.

Overall, SN will have complete autonomy and discretion over the scheduling, execution, and decision-making of any service orders.

Service Modification Requests

• SN will only be required to supply changes for requests for changes to Ordered Services, if we agree to any such requests.
• Varying the scope of Your Ordered Services may necessitate extra work by us, resulting in additional expenses to You. Before supplying the requested changes, You must pay an applicable extra fee (determined by SN) prior to requested changes being actioned.

Overall, SN will have complete autonomy and discretion over the scheduling, execution, and decision-making of any requested changes.

Use of Subcontractors

SN may at its discretion employ subcontractors in the provision of Your Ordered Services, without further notice to or consent from You. Any subcontractors provision of the Services shall be under the control of SN.

Account

Before You may buy Services, You will need to register for an account on the website .You must make sure that all the information You supply while creating an account is true, accurate, current, and detailed.

You understand and admit that You are accountable for:

• Preserving the secrecy and security of Your account information and Your password.
• Any actions taken in connection with Your account.
• As soon as You become aware of any suspicious activity on Your account, You must notify SN.

SN disclaims all responsibility for any costs, losses (including indirect losses), or damages You may incur as a result of failing to protect the privacy and security of Your password or account information.

General Responsibilities

• You consent to give SN any and all information, support, and documentation that SN may reasonably need in order to perform the Ordered Services.
• You consent to granting SN access to Your IT system, Your data, Your website, and Your applications.
• Your accounts (including login information and passwords), which together make up Your IT Assets and which SN will reasonably need to provide Your Ordered Services. SN will only have access to Your IT assets to the degree necessary to carry out the requested Services.
• You understand and agree that in order to provide the Services You have purchased, SN may need to access, modify, reproduce, and/or temporarily damage Your IT Assets. Any such action would only go so far as was necessary for SN to deliver the Services You had paid for.
• Prior to the provision of some Services, You may be required to back up Your Data. If You need to make a backup before beginning any such Services, SN will let You know. You must make a backup of Your data. 2. SN disclaims all responsibility for any costs, losses (including indirect losses), or damages You may incur as a result of failing to back up Your data, including any corruption or loss of data.
• Adherence to Laws: You understand and agree that by requesting or obtaining Services, You will not:
  • -violate any relevant laws, rules, and regulations (including any applicable privacy laws);
  • -violate any obligation of confidentiality; or
  • -violate any third party’s intellectual property rights or other rights.

• In order to prevent unauthorised use, SN shall establish, uphold, enforce, and constantly enhance safety and security standards. destruction, loss, or modification of Your Data under SN’s management. You must not take any action that would jeopardise SN’s ability to abide by this , and You must make sure that Your employees don’t either.
• In the event of any actual or suspected loss, misappropriation, unauthorised access to, disclosure of, or use of Your Data managed by SN, or other compromise of the security, confidentiality, or integrity of Your Data managed by SN (collectively, a security breach) by SN or it is agreed we must each respectively and promptly, notify the other party.
• SN will work to maintain, enforce and continuously improve safety and security procedures and safeguards against the unauthorised use, destruction, loss or alteration of Your data managed by us. You and/You personnel must not, undertake any action that may have the potential to compromise our ability to comply with that assurance.

Data Breaches

• SN will analyse each prospective, real, or suspected security breach as soon as possible and help You and Your staff with any investigation into the security breach that You might want to carry out.
• SN will take the actions You specify in order to prevent, curtail, or otherwise address any actual or suspected security breach.
• If Your IT System fails, experiences a power surge, or is otherwise compromised, You must take all required precautions to safeguard data integrity, including informing SN right once and adhering to any instructions given by SN.
• Overall SN will support you to the best of our ability but accepts disclaims all liability and responsibility for any breaches as detailed in ‘Security” below. Regarding duties relating to Notifiable Data Breaches as specified by the Office of the Australian Information Commission will be Your entire responsibility and must be complied with.

Domains

• SN uses a third party (see Third-Party Terms & Conditions List) for domain name registration Services.
• The Terms and Conditions of the domain provider will also apply in addition to these terms, and by purchasing domain name registration Services, You recognise this and are deemed to have accepted the domain provider’s Terms and Conditions.
• The Domain Provider has the right to delete Your domain name if You fail to renew it in accordance with its Terms and Conditions.
• SN won’t be held responsible for any expenses, losses (including unforeseen losses), or damages incurred as a result of or related to Your failure to renew Your domain name.

SSL Certificates

• SN obtains SSL Certificate Services from a third party.
• By acquiring SSL Certificate Services, You recognise that in addition to these terms, the SSL Certificate Provider’s Terms and Conditions will also apply, and You will be deemed to have accepted such terms.
• The SSL Certificate Provider may cancel Your certificate if You fail to renew it in line with their respective Terms and Conditions.
• If You don’t renew Your SSL Certificate, SN won’t be responsible for any fees, losses (including indirect losses), or damages You incur as a result.

Hosting Services

• You understand that SN use third-party Services to supply hosting Services, and You further agree that SN may use storage servers outside of Australia to host Your website, and/or hold Your hosted data.
• You acknowledge and concur that the Terms and Conditions of the Hosted Services Provider apply to the hosted Services, and that the Hosted Services Provider is solely responsible for the quality of the hosted Services.
• As a result, SN makes no promises that the hosted Services will be error-free or always accessible or available, or free from flaws.

Third-Party Terms and Conditions

You recognise and accept that any element of the Ordered Services may be subject to third-party Terms and Conditions. Please see the Third-Party Terms & Conditions list

If You disagree with any third-party terms for a certain service, do not use the SN service in any capacity. Should You use our service You understand that SN will not be liable to You for any costs, losses or damages You may incur.

as a result of or in connection with the third-Party Terms. You further agree that SN may not be able to deliver some Services or fulfil any dates or times if You do not agree to any Third-Party Terms. Contact us on the SN website contact page if You have any questions or concerns about third-party Terms and Conditions.

Google Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.
● Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic.
Google uses the data collected to track and monitor the use of our Service. This data is shared with
other Google services. Google may use the collected data to contextualize and personalize the ads
of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by
installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics
JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits
activity.
For more information on the privacy practices of Google, please visit the Google Privacy &
Terms web page: https://policies.google.com/privacy

Links & Transfers between SN Group Websites

If transferring between our SHIKI group Websites including www.shikquote.com.au and www.shikideals.com.au you should read the Disclosure, Terms and Conditions and Privacy Policy of each respective site as they are binding on you. Each website has its own policies that you should become familiar with.

Security

• SN will make every effort to protect the storage of Your hosted data online.
• However, SN disclaims all liability and responsibility for any unauthorised access, use, erasure, loss, damage, or alteration of Your hosted data, whether because of viruses, malware, ransomware, hacking, or other harmful software, or other types of disruption.

Backups and Restoration

• When storing Your hosted data, SN will make every attempt to create scheduled backups of that data. However, we strongly advise that You keep a backup of Your hosted data that is routinely scheduled and stored independently.
• SN will try to recover Your hosted data from the most recent backup, but it cannot guarantee that it will be error or defect free, in the event that Your hosted data is lost due to a system failure.

IT System

• Depending on the service You’ve purchased, some won’t work or run correctly unless Your IT system meets a minimal standard.
• SN will let You know whether Your Ordered Services have a minimum need before rendering the Services if there is one.

Fees/ Payments for Services Purchased on the SN Website

Unless otherwise specified by SN, You must pay the fees at checkout if You order Services through the SN website.

Subscription Fees

• If You purchase a subscription service/s, You must continue to pay recurring fees in the amounts and on the schedules necessary to keep the subscription service/s active, however except for hosting plans (calculated/payable annually), you can pull out without penalty for all our SEO and maintenance monthly plans and packages at any time (simply paying your existing monthly charge). Just contact us for monthly plan cancellations (and as mentioned; hosting plans can not be cancelled until the end of the term).

Quote Fees

• If You have been provided a quote for requested works by You, You must pay the fees in the amounts and at the times set out in the quote including any of the following payment methodes ( OR combination of methods) as required by SN. Methods: *Deposit *Progress Payments *Ongoing Subscription Fees and/or *Hourly Based Fee’s

(Hourly Based Fee’s If fees are calculated hourly, SN will send You an invoice detailing the time spent and the total amount due).

Custom Websites, etc.

For Custom Websites; we take a 50% holding deposit when a design brief/quote is accepted by the client. You will not be forced to pay for a design/quote that you have not accepted. Once accepted, the turnaround time for a website to be completed is around 5-10 working days, at which time we will present the finished website for you to revise (each custom website package has review opportunities as detailed on the custom websites page). Once final approval is given, the 50% balance of payment shall be paid.

To complete Your Ordered Services. You will receive an invoice from SN that details the job description and other relevant details including total fees due, and (if applicable) any outstanding balance.

Payments to Third Parties

• Where it is stated and applicable, if any Services require payment to third parties, You acknowledge that You will pay the required fee in the amounts and at the timeframes set out by the third party.
• Due to a decision made by the related third parties, we may not be able to supply the Services if You do not pay the third-party fee.
• SN disclaims all responsibility for any costs, losses (including indirect losses), or damages You may incur as a result of or in connection with Your failure to pay any third-party fees.

Refunds (Services, SEO, Website Design, etc.)

As much as is authorised by the Competition and Consumer Act of 2010, SN does not provide change-of-mind refunds for yearly subscriptions. There are no refunds for fee’s paid for long-term subscriptions (6month,12 months, etc.) Monthly plans cannot be refunded, however monthly plans and packages can be cancelled, by simply paying your existing monthly charge; the plan will simply stop at the end of the paid period up to 30 days. You have two weeks prior to the due dates to cancel your subscription/ services if you intend to do so. For thirdparty Advertising Services taken up through SN, Such as Facebook Ads and Google Ads, You have two weeks prior to the due dates to cancel your Ads services if you intend to do so. Payments made via PayPal, bank transfers, or any other method will not be reimbursed. There are no refunds on deposits paid for website design and other works, once a quote has been accepted by You.

Invoices and GST

• You must pay the fees in the amounts, at the dates, and in accordance with the remittance method specified in an invoice if SN sends a tax invoice for payment of the fees.
• Any third-party charges and expenses incurred by SN while providing Your Ordered Services may be billed to You unless otherwise specified in writing.
• Unless otherwise stated, GST is included in all fees.

Payment Surcharge

For Paypal, credit card, charge cards, debit cards, etc. SN may impose surcharges and will show any surcharges before payments are made.

Accreditations

Unless otherwise agreed in writing between the parties, SN shall have the right to describe any of Your Ordered Services and (if applicable) reproduce, publish, and display any of Your Ordered Services on the SN website. Additionally, SN shall have the right to require that any displays or publications of Your Ordered Services bear an accreditation and/or copyright notice, including SN’s name, in the form, size, and location as directed by SN.

Confidentiality & Breaches

• You acknowledge that You will not, unless given SN’s prior written authorisation, directly or indirectly, divulge any of our confidential information to a third party as required by law, and to Your employees (who do not need to know confidential information) in order to carry out their duties under these terms.
• You agree to act promptly to take the necessary precautions to stop, prevent, or mitigate the suspected or actual breach (outlined above) if SN becomes aware of either a suspected or actual breach. You acknowledge and concur that a breach of our confidentiality may not be sufficiently addressed by monetary damages alone.

Authorised Use

In order to exercise Your rights or fulfil Your duties under these terms, You may only use SN’s confidential information for those purposes.

Return of Confidential Information

In the event that these conditions are terminated or expire, You must promptly as instructed by SN, return or destroy any data, papers or other materials in Your care that contain SN’s confidential information.

Intellectual property Definitions

Material

includes tangible and intangible information, documents, reports, software (including source and object code), inventions, data, and other materials in any form of media.

New Material

• Where such use is reasonably necessary for You to benefit from Your Ordered Services, since it is both incorporated into the new material, such use is permitted.
• You provide SN a permanent, irrevocable, transferrable, global, and royalty-free licence to use, copy, modify, and adapt all new material (including the right to sublicense).

Existing Material

• SN grants to You a non-exclusive, royalty free, non-transferable and revocable licence to use our existing material, to the extent, that it is reasonably required for You to enjoy the benefit of Your Ordered Services.
• You grant to SN (and its personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use any existing material to the extent reasonably required to provide any Services.
• You further warrant that our use of Your existing material will not infringe the intellectual property rights of any third party, and You will indemnify SN from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.
• Unless the parties have expressly agreed otherwise in writing, the intellectual property rights in each party’s existing material shall remain the property of each party.

Warranties

• All expressed or implied guarantees and warranties not clearly contained in these conditions are excluded to the fullest extent permitted by relevant law.
• Nothing in these agreements is meant to restrict how the Australian Competition and Consumer Act 2010 (Cth) (ACL) contains provisions for consumer law, which must be deferred to.
• If SN’s products or Services have a flaw, You might be entitled to certain remedies (such a refund, replacement, or repair) under the ACL.

Liability

• The maximum aggregate liability of SN to You for any costs, loss (including consequential loss), or damages incurred by You under or in connection with these terms is limited to the total fees paid by You to SN in the two months prior to the first event giving rise to the relevant liability, to the fullest extent permitted by applicable law.
• You undertake to always defend and keep SN and its employees blameless. (“those indemnified”) from and against any loss (including reasonable legal costs) or liability incurred or suffered by any of those indemnified, if such loss or liability was caused by You, or to which Your personnel contributed, the following:
• a violation of any term of these terms
• a violation of any third-party agreement
• a careless, dishonest, or unlawful act or omission
• Unless prohibited by the Competition and Consumer Act of 2010, SN will not be liable for any incidental, special, or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits, or revenue arising under or in connection with these terms or any goods or Services provided by the Competition and Consumer Act 2010 or any other relevant law.

Resolution

• Before starting any legal action, the parties must make a prompt and sincere effort to settle any disagreement resulting from or related to these terms.
• If a party needs a dispute to be resolved, they must give the other party all the pertinent information within 10 working days.
• The parties acknowledge and concur that compliance with the latter, is a prerequisite to any entitlement to claim relief or remedy, whether through legal action or otherwise, in relation to such disputes, with the following exceptions:
• in the case of requests for urgent interlocutory relief.
• a breach by another party in pursuance in the above stated requirements for resolution.

Termination

• SN may end these conditions at any time by giving You one month’s written notice.

For Breaches:

• Either party (the Non-Defaulting Party) may terminate these terms immediately by written notice to the other party (Defaulting Party) if the Defaulting Party:
• is in violation of these terms and fails to remedy the violation within 20 business days of receiving notice from the Non-Defaulting Party requiring it to remedy the violation.
• the violation is incapable of being remedied.
• ceases, suspends, or threatens to cease or suspend conducting its business.

Subscriptions

If You don’t pay the continuing fees when they’re due to continue, at our complete discretion, any subscription Services will in whole or in part may be:

• suspended, or:
• instantly terminated, or:
• terminated immediately after the end of the current subscription period.

After Termination

• Should SN terminate an agreement out of convenience or due to a breach and Your Ordered Services are not delivered within the time frame we have promised SN will reimburse any payments You have made for an Ordered Service or other deliverable/s.
• In the event of termination for Your breach, You must pay all unpaid fees as liquidated damages, and that:
• each party must immediately return to each other party, or (if that party so requests) destroy, any documents in its possession or control that relate to the Ordered Services already provided as at, the date of termination.
• finally, You must pay all amounts owed for Your Ordered Services and products already provided.

Compensated Damages

You accept and concur that any compensated liquidated damages payed by You to SN are not a fine, but rather a true approximation of the total financial loss experienced by SN.

Accrued Rights & Responsibilities

No accruing rights or liabilities of any party will be affected by the expiration or termination of these terms, and neither party will be absolved from any violations of these terms that occurred earlier.

Survival & Enforcement

Any provision that, by its very nature would be expected to be in effect after the expiration or termination of these conditions, shall so remain, and shall continue to be enforceable following such event.

Your Data

When these Terms and Conditions expire or are terminated, SN may decide whether to keep or delete Your data that is under its management. You won’t be able to get back Your data that SN manages if it is erased.

Your Website

Your website and/or applications might be removed or not accessible if these Terms and Conditions are terminated or expire.

Obligation & Non-Performance

If a party (Affected Party) becomes unable, in whole or in part, to perform an obligation under these terms (other than an obligation to pay money), the Affected Party shall promptly notify the other party in writing immediately.

You must detail the cause and extent of the Majeure Event (see below) disrupting Your obligation and including the degree of interruption.

The applicable obligation will be suspended during the Forced Majeure, provided the above requirements are met and the affected party shall make reasonable efforts to mitigate or terminate the Force Majeure Event as soon as possible.

Examples of a Majeure Event are:

Act of God, a lightning strike, a meteor strike, an earthquake, a storm, a flood, a landslide, an explosion, a fire; industrial strikes war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, or pandemic; or any decision made by a government authority such as Covid restrictions, etc.

Communications, Notices

Any notice or other communication to a party under these terms shall be in writing, in the English, and shall be delivered by email. In the case of SN (You should send through the contact form on our Website) & in the case of You (we will email to the contact email listed with Your account).

Relationship

SN acts as an independent contractor only, solely providing Services and other deliverables under these conditions.

Business Day

Except when these terms specifically provide otherwise, every act required to be performed under these terms on a day other than a business day must be completed on or before the next business day. Business days are any day (excluding Saturdays, Sundays, and other public holidays).

Jurisdiction

The law in force in New South Wales, Australia governs these Terms and Conditions. In regard to any proceedings arising out of or related to these terms, each party irrevocably submits to the exclusive jurisdiction of the courts of Sydney, New South Wales and courts of appeal from them. Each party unconditionally and irrevocably waives any objection to the venue of any legal proceeding on the grounds that it was instituted in an unfavourable forum.

Amendments 

The parties may only modify these terms in a written document signed by both parties.

Waiver

No waiver of any right under these conditions may be based on statements made or action of any other party unless the waiver is expressed in writing and signed by that other party.

Severance

Any of these terms that are entirely or partially void or unenforceable are severed to the extent required by law. The remainder of these terms continue in full force and effect and are not in any way restricted.

Novation, Furnishing

Without SN’s prior written approval, You are not permitted to assign, novate, or otherwise transfer any of Your rights or duties under these conditions.

Costs

Unless otherwise specified in these conditions, each party is responsible for covering all costs associated with negotiating, preparing, executing, and performing the agreement contained within these Terms and Conditions.

The Agreement

The parties’ agreement is fully expressed in these terms, which supersede all past discussions, actions, agreements, arrangements, and understandings, whether express or implied, regarding the subject matter of these terms.

Modification of Service

We do endeavour to update information on the Website in a timely manner but shall not be liable for delays. SN reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice. You agree that SN shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the service. We also reserve the right at any time to change or modify our Terms & Conditions at any time.

Please also refer to our Privacy Policy on this site. You should visit these pages each time You use our site regarding the then-current Terms & Conditions and Privacy Policy, because they are binding on You. Certain provisions of the Terms & Conditions and Privacy Policy may be superseded by expressly designated legal notices or terms located on pages at this site.

Please contact us by the contact form provided on the Website, if You have any complaints, enquires or otherwise.

Thank You, SHIKInet

This was last updated on the 18^th of January 2023