Online Cards and Certain Other Services

Online Cards and Other Services

Date: June 2011

Terms and Conditions

These are the standard terms and conditions of supply of the Melbourne IT instant online cards, the TrafficSite website ("TrafficSite"), the TrafficSite Plus website ("TrafficSite Plus") and certain other services offered from time to time on the Melbourne IT Website ("Services").

Please read these terms and conditions carefully. It is a condition of your use of the Services that you ("you") comply with these terms and conditions.

1. Terms and Amendment Procedure

1.1	You agree that Melbourne IT will supply the Services to you on the terms set out in this agreement.
1.2	This agreement commences on the date upon which Melbourne IT confirms to you by email or any other written medium that the Services have been activated ("Commencement Date").
1.3	The parties agree that the Services will be provided to you from the Commencement Date until Melbourne IT or you terminate the Service/s in accordance with this agreement.
1.4	We may vary these terms (including the Acceptable Use Policy or the Privacy Policy referred to in clause 5 below), the amount we charge for any Service, or the terms of the operation of any Service , at any time by general notice on a page of the Internet referred to on the home page of our Website at http://www.melbourneit.com.au/policies/. Changes other than price changes will become effective upon publication of the notice. Where we vary the prices for any Service, we will give at least 30 days notice of the change by the same means, and the new prices will apply at the end of that period.
1.5	If you use a Service after publication of any change in accordance with clause 1.4, your use will constitute acceptance of the amended terms.
1.6	Following the Commencement Date, you may at any time obtain an additional service by notifying Melbourne IT in accordance with the process mechanism notified from time to time by Melbourne IT ("Additional Service"). You agree that Melbourne IT will supply you with the Additional Service in accordance with this agreement and you agree to at all times comply with this agreement in connection with any Additional Service (including, without limitation, paying any additional, or increased fees or charges that may apply to any Additional Service).
1.7	These terms constitute the agreement in its entirety and supersede all prior agreements.

2. Services

2.1

You shall at all times keep your password and log-in details secure. You agree that Melbourne IT cannot and does not know whether you have given access to the Services to other people (whether knowingly or not). You therefore agree that you are totally responsible for:

2.1.1	when and how the Services with Melbourne IT are used (including, without limitation, if the Services are terminated pursuant to clause 14 (if applicable)); and
2.1.2	the actions of the people (if any) you allow to access, or transmit information through the systems of Melbourne IT, or otherwise utilise the Services.

2.2

You agree that you are solely responsible for any of your content residing on Melbourne IT's servers.

2.3

You agree that you are solely responsible for the back-up of your content and any other files (including, without limitation, email files, if applicable) unless otherwise agreed with Melbourne IT.

2.4

Melbourne IT shall monitor your usage of the Services. If Melbourne IT considers that your data transfer bandwidth becomes excessive, Melbourne IT may charge you additional fees with respect to the additional data transfer bandwidth megabytes used by you, suspend any and all Services, or, terminate this agreement. In the event that any such action is taken by Melbourne IT, for the avoidance of doubt, Melbourne IT shall not refund to you any fees paid to Melbourne IT prior to such corrective action.

2.5

You agree that Melbourne IT may be required to perform maintenance to maintain the continuous operation of Melbourne IT's servers, which maintenance may affect the operation or functioning of the Services. We will attempt to provide you with notice of the maintenance downtime, except when circumstances beyond the control of Melbourne IT prevent us from doing so. You also agree that Melbourne IT may also be required to suspend the Services, or disconnect or deny you access to the Services, in accordance with clause 12.1.3.

2.6

In addition to clause 2.5, you acknowledge and agree that Melbourne IT reserves the right to modify its network and facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. Melbourne IT shall use reasonable efforts to notify you of any planned changes to Melbourne IT's network or facilities that may adversely affect the Services. If the modifications result in Melbourne IT altering the "look and feel" of the Services, Melbourne IT shall not be required to provide you with any notice concerning the modification.

2.7

You agree that if at any time you elect to enable the Parked Page Service, such Parked Page Service may include (without limitation) any of the following content: a statement to the effect that the Website/domain name is registered/powered by Melbourne IT and 'under construction', links to Melbourne IT's homepage, and, the advertising and promotion of Melbourne IT's products and services. In addition to any other rights under this agreement, you may at any time subsequently elect to disable the Parked Page Service by the mechanism notified from time to time by Melbourne IT.

2.8

You acknowledge and agree that each Service shall contain a Melbourne IT logo embedded into the Service. Melbourne IT hereby grants you a non exclusive, non transferable licence (with no right to sub license) to continue to display the Melbourne IT logo on your Service for so long as you obtain the relevant Service from Melbourne IT, and, subject at all times to you complying with the terms and conditions of this agreement. In consideration of Melbourne IT granting you the preceding licence, you:

2.8.1	will not hold out or represent that you are in any way acting with any authority on behalf of Melbourne IT;
2.8.2	will not hold out or represent that any Relevant Party (as defined in clause 8 below) is a 'partner', 'joint venturer', 'agent' or 'principal' of you, or any person, firm or entity connected to you (whether by using those words alone or in conjunction with any other words);
2.8.3	will not grant, or purport to grant, to any third party any right to use or deal with the Melbourne IT logo whatsoever;
2.8.4	will not use the Melbourne IT logo in any manner that may prejudice, or would be likely to prejudice, Melbourne IT's rights in the Melbourne IT logo;
2.8.5	will protect the reputation and goodwill of the Melbourne IT logo and not act in any way that may adversely reflect upon such reputation, or be contrary to good business practice or any applicable law; and
2.8.6	will not treat the Melbourne IT logo as your own or use or seek to register at any time whether during or after termination of the licence granted to you under this clause 2.8, or, this agreement, for any reason whatsoever any trade mark or design or company, business or domain name that is substantially identical or deceptively or confusingly similar to the Melbourne IT logo.

2.9

You acknowledge and agree that if at the time of obtaining any Service, the relevant domain name to which that Service will be connected is delegated to nameservers other than Melbourne IT's default nameservers, you shall be responsible for the performance of any re-delegation that you may require from time to time in relation to that domain name. You further acknowledge and agree that such re-delegation may require a process of authentication by you, as determined by the relevant supplier of the domain name.

2.10

You agree to take all necessary or desirable steps to ensure that any content (including, without limitation, any content pertaining to Your Products and Services (as that term is defined in clause 7.7)) that is or could be unsuitable for children is labeled appropriately.

2.11

The following additional terms and conditions apply to TrafficSite or TrafficSite Plus:

2.11.1	You agree to provide Melbourne IT with any information, material, excerpts of or links from or to any content on any website you own or operate a web site as of the Commencement Date ("Your Existing Web Site") and/or as otherwise reasonably requested by Melbourne IT (which is hereafter referred to as "Your Information"), to assist Melbourne IT with providing TrafficSite or TrafficSite Plus to you (as the context requires)
2.11.2	You agree that Melbourne IT may from time to time during the term of this agreement, propose content deployment to your TrafficSite website or TrafficSite Plus website (each respectively referred to as "Your TrafficSite Web Site"). Such content deployment may include, without limitation, content deployment to assist with Your TrafficSite Web Site containing appropriate search engine algorithms, and which Melbourne IT considers might assist you in improving the ranking of Your TrafficSite Web Site (each a "Content Deployment", collectively, "Content Deployments").
2.11.3	Melbourne IT agrees not to make any Content Deployments to Your TrafficSite Web Site, without your prior written consent to such Content Deployments.
2.11.4	You hereby authorise Melbourne IT to develop a link exchange program whereby links to and from Your TrafficSite Web Site, and other websites (including Your Existing Web Site) and/or industry guides and/or directories, are established, and you hereby appoint Melbourne IT as your agent for this purpose. Melbourne IT agrees to use all reasonable commercial endeavours to ensure that Melbourne IT does not insert links to and from Your TrafficSite Web Site to or from obscene, defamatory or sexually explicit websites and/or industry guides and/or directories.

3. Billing and Payment

3.1	You must pay for the Services in accordance with the prices and charges published by Melbourne IT on its website located at www.melbourneit.com.au ("Website") (as amended from time to time in accordance with clause 1.4).
3.2	You must pay all prices and charges for the Services and other amounts incurred by you or any designated users or incurred as a result of any use of the Services (whether authorised or not) in advance.
3.3	Prices and charges published on Melbourne IT's Website are inclusive of any government taxes or charges unless otherwise stated.
3.4	You consent to Melbourne IT obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by Melbourne IT of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.
3.5	You agree that in the event of any action being taken by Melbourne IT to recover any overdue amount due to it under this agreement and/or any written confirmation by Melbourne IT to you of receipt of payment by you of the fees applicable to the Services ("Payment Confirmation")(as evidenced for example by, without limitation, your credit card company notifying Melbourne IT of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed), any costs incurred by Melbourne IT in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Melbourne IT) are payable by you to Melbourne IT and shall be recoverable by Melbourne IT as a separate debt.
3.6	Monthly contracts will roll on a monthly basis without notice to you. If you have chosen a fixed contract period (a contract period other than a month to month contract) for your Service, your Service will be automatically renewed for a further fixed contract period at the end of the term on the date notified to you by our reminder email. If your fixed contract period Service is to be auto-renewed, we will: (i) notify you of the impending auto-renewal; and (ii) provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or 'do not renew' advice, we will auto-renew the Service in order to ensure it continues uninterrupted. Your Service will be auto-renewed for the same duration at the then current applicable charges published on Melbourne IT's Website.

4 Cancellation

4.1

You agree that if, for whatever reason, you or Melbourne IT terminates any Service or this agreement, you will not be entitled to a refund of any fees that you have paid Melbourne IT in connection with any Service unless otherwise notified by Melbourne IT from time to time.

4.2

In this clause 4, "domain name licence" means the domain name licence purchased by you from Melbourne IT at the same time that you purchased TrafficSite Plus from Melbourne IT, but does not include any other domain name licence obtained by you before or after the Commencement Date that you may elect to use with TrafficSite Plus.

4.3

You may cancel:

4.3.1	TrafficSite;
4.3.2	TrafficSite Plus (including any domain name licence, which is subject to separate additional terms and conditions); or
4.3.3	TrafficSite Plus but retain the domain name licence, which is subject to separate additional terms and conditions, respectively, within two business days of the Commencement Date, in accordance with the process notified to you by Melbourne IT from time to time.
4.3.4	Where you have cancelled TrafficSite or TrafficSite Plus pursuant to clause 4.3, Melbourne IT will refund you any payments you have previously paid to Melbourne IT with respect to TrafficSite or TrafficSite Plus (as applicable, including or excluding the domain name licence, which is subject to separate additional terms and conditions)), and this agreement shall automatically terminate.

5. Acceptable Use Policy and Privacy Policy

5.1	You agree to comply with Melbourne IT's Acceptable Use Policy located at http://www.melbourneit.com.au/policies/acceptableusepolicy.php, as varied from time to time by Melbourne IT in accordance with clause 1.4 ("AUP"). If we receive notice of, or otherwise become aware that you have failed to comply with any provision of this AUP, in addition to any other rights of Melbourne IT under this agreement, you agree that Melbourne IT may immediately take corrective action, including suspension of any and all Services, or, terminating this agreement. In the event that any such corrective action due to a violation of the AUP occurs, for the avoidance of doubt, Melbourne IT shall not refund to you any fees paid to Melbourne IT prior to such corrective action
5.2	You agree to comply with Melbourne IT's Privacy Policy located at http://www.melbourneit.com.au/privacy/, as varied from time to time by Melbourne IT in accordance with clause 1.4 ("Privacy Policy").
5.3	You agree that the AUP and the Privacy Policy form part of the terms and conditions of this agreement.

6. Agreements and Licences

6.1

You agree that Melbourne IT shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Melbourne IT. You also agree that Melbourne IT may, in its sole discretion, change or remove any and all such IP numbers and addresses.

6.2

You expressly grant to Melbourne IT a licence to cache the entirety of any of your Services, including data and content supplied by you and/or third parties, hosted by Melbourne IT under this agreement. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third party in connection with the grant of this licence to Melbourne IT. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

7. Your Warranties

You warrant that:

7.1	you have not entered into this agreement or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by Melbourne IT concerning this agreement or any of the Services, other than any statement or representation contained in this agreement;
7.2	you are at least 18 years of age;
7.3	you will conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded or downloaded to and from the Server of Melbourne IT by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, Melbourne IT);
7.4	your use of the Services will not at the Commencement Date or thereafter, infringe the intellectual property or other proprietary rights of Melbourne IT or any third party; and
7.5	you will otherwise at all times use the Services in accordance with this agreement (including, for the avoidance of doubt, the AUP or the Privacy Policy).

In addition to the warranties contained above, where you have obtained either TrafficSite or TrafficSite Plus from Melbourne IT, you warrant in connection with TrafficSite or TrafficSite Plus (as the context requires) that:

7.6	you have the right to provide us with Your Information;
7.7	neither Your Existing WebSite, Your TrafficSite Web Site nor any of the content of Your Existing Web Site or Your TrafficSite Web Site (including, without limitation, in connection with any products and/or services that you may determine to offer for supply, or supply via Your Existing Web Site or Your TrafficSite Web Site, the Internet or otherwise ("Your Products and Services"), Your Information, and any Content Deployments implemented by Melbourne IT in accordance with clause 2.11.3 or, by you or anyone on behalf of you)(collectively, "Your Web Site Property") will infringe the rights (including, but not limited to, the intellectual property rights) of any third party; and
7.8	Your Information, Your Existing Web Site, Your TrafficSite Web Site and Your Web Site Property will at all times comply with all laws required to be complied with by you.

8. Our Disclaimer of Warranties

8.1

In this clause 8, and hereafter, "Relevant Party" means:

8.1.1	Melbourne IT;
8.1.2	each related bodies corporate (as the term "related body corporate" is defined by the Corporations Act 2001 (Cth), as amended or replaced from time to time) of Melbourne IT;
8.1.3	the respective officers, employees, agents or contractors of Melbourne IT and each related bodies corporate (as the term "related body corporate" is defined by the Corporations Act 2001 (Cth), as amended or replaced from time to time) of Melbourne IT.

8.2

You acknowledge and agree that Melbourne IT exercises any control over, and accepts no responsibility for, the content of the information passing through Melbourne IT's host computers, network hubs and points of presence or the Internet, nor, for Your Products and Services (as that term is defined in clause 7.7).

8.3

To the extent permitted by law, no Relevant Party makes any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.

8.4

In addition to clause 8.3, to the extent permitted by law, no Relevant Party:

8.4.1	warrants that the Services will be uninterrupted or error free; and/or
8.4.2	warrants that the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Melbourne IT; and/or
8.4.3	makes any warranty concerning the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information services or merchandise contained in or provided through the Services, , or, for the avoidance of doubt, any information provided by Melbourne IT in any advice, report or communication to you or any other party.

8.5

In addition to clauses 8.2, 8.3 and 8.4 above, in the event that you have obtained either TrafficSite or TrafficSite Plus from Melbourne IT, Melbourne IT agrees to use all reasonable efforts to provide TrafficSite or TrafficSite Plus to you (as applicable). However, you acknowledge to, and agree with, Melbourne IT, that nothing in this agreement shall constitute an express or implied warranty or guarantee by any Relevant Party:

8.5.1	concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using TrafficSite or TrafficSite Plus, as the context requires, including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with Your Products and Services (if applicable); and/or
8.5.2	that the provision of TrafficSite or TrafficSite Plus, as the context requires, will result in the ranking of Your Existing Web Site and/or Your TrafficSite Web Site improving; and/or
8.5.3	that the provision of TrafficSite or TrafficSite Plus, as the context requires, will result in an increased amount of traffic or users to Your Existing Web Site and/or Your TrafficSite Web Site; and/or
8.5.4	that any market conditions (whether favourable or not) that may be in existence at the Commencement Date will continue; and/or
8.5.5	that the provision of TrafficSite or TrafficSite Plus, as the context requires, generally, or any software utilised by Melbourne IT to provide TrafficSite or TrafficSite Plus, as the context requires, will not be subject to, or result in, either errors and/or delays.

8.6

You acknowledge that although Melbourne IT may suggest Content Deployments to you in connection with providing TrafficSite or TrafficSite Plus, as the context requires, to you, Melbourne IT cannot and does not, nor does any Relevant Party, take any responsibility for Your Information, Your Existing Web Site, Your TrafficSite Web Site or Your Web Site Property. Accordingly, you agree that you shall at all times be solely responsible for Your Information, Your Existing Web Site, Your TrafficSite Web Site and Your Web Site Property notwithstanding the provision of TrafficSite or TrafficSite Plus, as the context requires, to you by Melbourne IT.

8.7

Melbourne IT shall not be liable for the content or loss of any content, data or files (including, without limitation, email files, if applicable) transferred either to or from you or stored or backed-up by you.

9. Indemnification

You will indemnify and defend each Relevant Party from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Relevant Party arising out of, or relating to:

9.1	Your Products and Services (if applicable); and/or
9.2	the use of the Services by you; and/or
9.3	Your Information, Your Existing Web Site and/or Your TrafficSite Web Site and/or Your Web Site Property and/or Melbourne IT's role as your agent (and any action or inaction by Melbourne IT as part of that role) if you are obtaining TrafficSite from Melbourne IT; and/or
9.4	the implementation of the AUP by Melbourne IT, any action taken by Melbourne IT in accordance with the AUP, or, any breach or violation of the AUP.

Such claims, damages, losses, liabilities, suits, actions, demands, proceedings and expenses shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

10. Limitation of Liability

10.1	You agree that no Relevant Party shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if the Relevant Party has been advised of the possibility of such damages.
10.2	Subject to clause 10.1, you further agree that the maximum liability of each Relevant Party in aggregate for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
10.3	You agree that where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of each Relevant Party for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.
10.4	We acknowledge that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of each Relevant Party shall be limited to the greatest extent permitted by applicable law.

11. Intellectual Property

11.1	You acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Melbourne IT ("Our Intellectual Property") is vested in Melbourne IT and/or the licensors of Melbourne IT.
11.2	Unless otherwise specifically provided in this agreement, you agree that you shall have no right, title, claims or interest in or to Our Intellectual Property.
11.3	You may not copy, modify or translate any of Our Intellectual Property or related documentation, or decompile, disassemble or reverse engineer any of Our Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so.
11.4	Unless otherwise specifically permitted by this agreement, you are not authorised to distribute or to authorise others to distribute any of Our Intellectual Property in any manner without the prior written consent of Melbourne IT; provided, however, that subject to any other provision to the contrary in this agreement, nothing in this clause 11.4 shall preclude you from using Our Intellectual Property as incorporated in the Services. This clause 11.4 shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which you may now have or hereafter acquire in, or in relation to, the third-party software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide such rights, title or interest in the third-party software to you.

12. Suspension or Termination of this agreement

12.1

In addition to any other rights of suspension under this agreement, Melbourne IT may from time to time without notice to you suspend a Service, or disconnect or deny you access to any Service:

12.1.1	if you fail to comply with any provision in this agreement (including failure to pay charges due, or, for the avoidance of doubt, any provision in the AUP or Privacy Policy), until the breach (if capable of remedy) is remedied to the satisfaction of Melbourne IT;
12.1.2	you otherwise do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Service; or
12.1.3	during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Service as soon as reasonably practicable.

Notwithstanding any suspension of any Service under this clause 12.1, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension (to the extent applicable).

12.2

In addition to any other rights under this agreement, you agree that Melbourne IT may without notice to you remove, amend or alter your data upon being made aware of:

12.2.1	any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights;
12.2.2	if directed to do so by the Australian Broadcasting Authority under a "take down notice", in accordance with the Broadcasting Services Amendment (Online Services) Act 1999 (as amended or replaced from time to time) if we determine (acting reasonably) that such Act applies to you; or
12.2.3	an outside party or outside device disrupting or attempting to disrupt the Services.

12.3

In addition to any other rights of termination under this agreement. Melbourne IT may terminate this agreement and cease providing the Services to you at any time on 30 days written notice to you. You may terminate this agreement and cease obtaining any Services from Melbourne IT, or, terminate any Service/s being provided by Melbourne IT to you, on 30 days' written notice to Melbourne IT in accordance with the process specified in the Payment Confirmation.

12.4

In addition to clause 12.3, and, in addition to any other rights of termination under this agreement, Melbourne IT may terminate agreement and cease providing the Services to you at any time on written notice to you if Melbourne IT has at any time suspended any Service or disconnected or denied access to any Service under clause 12.1.1 or 12.1.3.

12.5

In addition to any other obligation under this agreement, if you terminate any Service or, either Melbourne IT or you terminate this agreement:

12.5.1	you must pay all outstanding charges (including, without limitation, data transfer bandwidth over-usage charges and/or disk space over-usage charges) to Melbourne IT immediately;
12.5.2	any licence issued to or by you in relation to the Services will cease from the date of termination; and
12.5.3	Melbourne IT may delete all data from any storage media.

13. Force Majeure

Melbourne IT shall NOT be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

14. Miscellaneous

14.1	The law in force in Victoria, Australia governs this agreement and the transactions contemplated by this agreement.
14.2	In the event it is necessary for Melbourne IT to enforce its rights under this agreement, you agree to pay all fees incurred by Melbourne IT (including, but not limited to, legal fees and collection agency fees)
14.3	This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this agreement without the prior written consent of Melbourne IT.
14.4	A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties.
14.5	If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.