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Customer Agreement

This customer agreement is a document which outlines the agreement that a customer ratifies when they use SiteGuard's services. SiteGuard (NJ Ventures Pty Ltd) is an Australia-based limited liability company. It applies to all of SiteGuard's services, all interaction with SiteGuard and all matters pertaining to SiteGuard in both the public and the private forum. The agreement includes all dealings with associated bodies of SiteGuard, whether through third party applications, APIs or other interfaces, and officially authorised resellers or other third party companies. Anyone who uses the services of SiteGuard, who signs up for these services by any means - including via third party companies - or anyone who visits the websites of SiteGuard or any of our affiliate bodies.

When a customer signs up for SiteGuard's services, they are agreeing to SiteGuard's terms of service and to all terms and conditions contained in this and in all SiteGuard terms and conditions documents. This includes the Privacy Policy, Acceptable Use Policy, and any other such document that SiteGuard publishes. The customer agrees to abide by all of these conditions, covered in this and in all other documents that they are required to ratify. Any use of SiteGuard's services or registration on the part of the customer is considered to be an agreement and validation of this document.

The terms outlined in this documents may be modified or altered at any time and without warning. Please check back to the SiteGuard website to be informed of the latest changes. All changes to this document and all others will be binding as soon as the document is published. The onus is on the customer to ensure that they comply with all terms.

NOTICE: This Customer Agreement includes a binding individual arbitration and class action waiver provision. This will affect your rights as a customer in the event of a dispute between you and SiteGuard, and all terms will be listed in this document

1. Definitions

SiteGuard Website: Any SiteGuard systems accessible over the internet, which offer information or access to any of SiteGuard's services.

Devices: Any electronic devices or software which are used to access SiteGuard's services or interact with SiteGuard in any way.

Expert Services: Any specialised services SiteGuard provide - including but not limited to secure webdesign and website cleaning. The terms apply to manual access or automatic access to these services.

IP: The customer's internet protocol address, which is used to identify the device used to access the services.

Security Audits: Any audits undertaken by SiteGuard to ensure the compatibility and compliance of the network in use. These may be carried out to asses port scanning and port connections, test the function of SiteGuard software, test the websites the customer is using in conjunction with SiteGuard, check whether certain files are installed, or other tests and assessments.

Services: Any service provided by SiteGuard, including but not limited to expert services.

2. Service Rights, License Grant and Ownership

The customer is granted a limited right of access to the services provided by SiteGuard. This cannot be sold off, transferred to any other user, or used indefinitely without SiteGuard's approval. SiteGuard reserve the right to revoke access or suspend the account of a user at our own discretion. By using the SiteGuard service, customers agree that they may not change or reverse engineer any aspect of SiteGuard's property - physical, digital or intellectual - transfer use of the service to any other individual or body, (for financial gain or for free), or conduct any illegal activities in relation to SiteGuard or the customer's relationship with SiteGuard.

All rights are retained by SiteGuard. By signing up for the service, the customer understands that they have no claim over the intellectual property rights of SiteGuard, and that the license for SiteGuard's services is retained by SiteGuard. Any modification a customer makes to SiteGuard software or any other property of the company will automatically belong to SiteGuard, whether SiteGuard use the modification within their own offerings or not.

3. Access Requirements and Restrictions

All devices and other equipment is to be maintained by the customer. Making sure their devices are compliant and compatible with SiteGuard is the customer's responsibility, including paying the correct fees on time and securing passwords and access codes. Before services can be provided, the customer must set up their website so that all traffic is routed to the IP address delivered during registration. At the end of the customer's contract with SiteGuard, it is the customer's responsibility to re route website traffic back to its original IP. By using the SiteGuard service, the customer is agreeing that SiteGuard may utilise meta data from the customer's website, or any data incoming or outgoing from that website, and cache this information on the SiteGuard server. The customer acknowledges that SiteGuard has the non-exclusive right to use and alter the customer's content in order to improve the services SiteGuard provide to customers, including any form of media or content which may be developed in the future. This content is not retained after the customer's service contract comes to an end, and customers who end their contract with SiteGuard - either voluntarily or via termination - may find that their content is no longer accessible. No data received from the customer by SiteGuard will be disclosed to any third parties.

4. Prohibited Usage

Customers are prohibited from using SiteGuard services to interact with any devices or IP addresses which are not their own if they do not have express permission, or to direct SiteGuard services to do this.

Customers are prohibited from overloading authorised devices and IP addresses by directing SiteGuard to interact with them too frequently.

Customers are prohibited from using SiteGuard or any of its protocols to hack any other devices in any way, to disrupt third party services via overloading, or to send any malicious communication.

Customers are prohibited from directing automated protocols and procedures to interact with SiteGuard, including bots, crawlers and any other automated protocol.

Customers are prohibited from overloading SiteGuard's devices to an unreasonable extent.

Customers are prohibited from using SiteGuard's services to break any Australian law or any applicable international territory's law.

Customers are prohibited from using or retaining any unauthorised material they access, and must contact SiteGuard immediately if they do so.

Customers will have their service terminated if they are found to be in breach of any of the above.

5. Customer Identity and Authority

The customer must provide accurate and up to date information upon signing up for SiteGuard's services online

The customer must represent their identity accurately when using SiteGuard's services, and must not impersonate or pretend to be another person, company, entity or body.

The customer must not imply that their agreement with SiteGuard represents an affiliation or endorsement.

When the customer signs up to SiteGuard, he or she understands that SiteGuard are allowed to act as his or her representative when he or she direct SiteGuard's services to a device or to an IP address.

The customer agrees to provide relevant verification information whenever requested by SiteGuard.

6. Ineligible parties

Any competitors of SiteGuard, anyone previously convicted of computer, cyber or internet crime, anyone who has owed money to SiteGuard for more than sixty days beyond the due date, or anyone in a country or region in which SiteGuard is not authorised to operate, may not sign up for SiteGuard's services. This right is exercised within the bounds of the law.

7. Conduct and Content

Customer must use SiteGuard's services in accordance with the law of Australia or any territory they are using SiteGuard from. The customer is the responsible party for all of their actions, including any content posted or transmitted while using the service.

Customers cannot post or transmit the following;

  1. Illegal content or content which violates any law
  2. Sexually explicit content - both illegal and legal - or any content which breaches the privacy of anyone else.
  3. Content which encourages illegal behaviour
  4. content which includes any software or code which could damage or breach a computer system either maliciously or accidentally, or which can be used to intercept or download private information from a system.
  5. Content which defames or harms SiteGuard in anyway
  6. Content which publicises personal information, identifying information, or log-in information.

8. Security

  1. The Customer must not allow any unauthorised person or entity to use their SiteGuard account.
  2. The customer must not make an account for anyone who is not authorised to access SiteGuard's information.
  3. The customer is responsible for removing access from any individual who has left the company or no longer requires/is eligible for access. Failure to do so will be a breach of this document.
  4. The customer must report unauthorised access to SiteGuard without delay.
  5. The customer must only gain access to SiteGuard from their own account, and will not request identifying or log in information from any other party.

9. Term of service

  1. This agreement remains valid for as long as the customer uses, or is subscribed to, SiteGuard's services. This is what is referred to as 'the term'.
  2. Renewal. Subscriptions will be automatically renewed at the end of the term, unless terminated or cancelled. Renewals will be for the same length of term as initially signed up for and will be charged at the listing price on the day of the renewal. In order to prevent automatic renewal, the customer must cancel at least thirty days before the subscription expires.
  3. Termination and cancellation. Customer can cancel their service through the SiteGuard customer portal or by contacting the SiteGuard team directly. Use of service must cease immediately, and all monetary balances must be settled, before cancellation can be finalised. The customer gives SiteGuard the right to terminate the term of service at any time.

10. Expert Services

  1. a. When SiteGuard delivers its expert services to a customer, the customer must permit SiteGuard to undertake the following to ensure the quality of the service delivered;
    1. Collect and use data and material from the customer's website for use in conjunction with SiteGuard's services. (Privacy is always protected).
    2. Download the customer's website in its entirety, including any external applications.
    3. Alter code in the customer's website to ensure protection from malware, and remove any malware discovered during scanning.
    4. Launch new pages within the structure of the website, and carry out web design work on the customer's site.
    5. Upload the customer's website and alter any aspect of it, including log in information for applications and accounts within the website structure.
    6. Act as the customer's representative during any interaction with the customer's web hosting company.
    7. Act as the customer's representative during any interaction with any malware indexing and listing database.
  2. b. In accordance with expert services from SiteGuard, the customer must provide assistance in the following ways:
    1. Using a strong password to log in to SiteGuard, keeping log in credentials safe and secure, and changing them periodically.
    2. Ensuring anti-virus and anti-malware software is up to date.
    3. Thoroughly examine plug ins and add ons or other applications before installation, checking for any potential weaknesses in security.
    4. Eliminating weaknesses and vulnerabilities on the customer's system when found.
    5. Terminating and removing FTP accounts which are no longer in use.
    6. Terminating and removing all cron jobs unknown to the customer.
    7. Ensuring that the PHP configuration is kept safe and secure using a php.ini file.
    8. Ensuring that file permissions and folder permissions are kept updated at all times.
    9. Paying for recommended ad required third party software to prevent vulnerabilities in the system, and installation upgrades when required.

11. Disclaimer of Warranty

  1. SiteGuard cannot guarantee that the information the customer receives through SiteGuard services is accurate and exact. Usage of such information is at the customer's own risk.
  2. SiteGuard's services and content are offered on an 'as is' basis. SiteGuard cannot guarantee data accuracy, suitability for a specific purpose, or any other interpretation a customer may make.
  3. Neither SiteGuard nor any of the partners involves in creating the service can be held liable or responsible for any damages which result from the customer's use of the service in any way. This includes legal charges brought against the customer, lost data, lost business, or any other set of circumstance, even if the customer has previously warned SiteGuard about the possibility of damage.
  4. The customer should not expect the information provided by SiteGuard to be always up to date, as there is no guarantee of this. The customer should also not expect all of SiteGuard's contents to be available at any given time - no guarantees are made as to accuracy, timeliness, availability, or usability of services and content.
  5. Australian law might not allow the full exclusion of warranties or liabilities. Despite this, SiteGuard will under no circumstances pay damages of a greater amount than the amount the customer paid for access to SiteGuard, limited to $100. The customer must initiate any action against SiteGuard within one year of the infringement or incident.
  6. No communication from the customer - whether digital, physical hardcopy, or verbal - can create any warranty or term and condition not already explicitly defined in this document. The written record of SiteGuard terms and conditions is definitive, comprehensive, and final.

12. Limitation of liability

Part of the structure of SiteGuard's services is that, at some times, its automated and manual protocols may operate in a way considered invasive or intrusive; the customer understands and agrees to this. In some rare cases the protocols may cause accidental damage to the system of the customer, and may excessively consume the disc space of the customer's device. Finally, the SiteGuard service may cause slowdowns, computer crashes or all manner of other malfunctions to occur on the customer's device - the customer understands and accepts this risk and all of those mentioned above in section 12.

By using SiteGuard's services, the customer is offering their consent to any intrusive action or inadvertent damage, and is absolving SiteGuard or any of its third party partners of any responsibility for such damage, acknowledging that the damage is not intentional.

13. Copyright and intellectual property

All content and all information delivered to the customer, or published in any way, by SiteGuard is protected by copyright law. No information you receive from SiteGuard can be copied, duplicated or distributed in any way. The customer is permitted only to access the information they receive for their own usage only.

14. Right to Display Signs and Symbols of SiteGuard.

The customer can use HTML to display signs and symbols trademarked by SiteGuard on their own website, only with express authorisation from SiteGuard. These symbols remain under the complete control of SiteGuard, and the right to display them can be revoked at any time. These signs and symbols cannot be used to represent the customer as a representative or direct associate of SiteGuard, and the SiteGuard team accepts no liability if these signs and symbols are unavailable at any point during the term of service. Customer agrees not to use these signs and symbols on any other websites, or in any other location, unless authorised directly by SiteGuard, and will not alter or manipulate these images in any way. Once the term of service has ended, for any reason, the customer must immediately remove these signs and symbols from its website, and desist in using them in any way.

15. Privacy

By using the services of SiteGuard, the customer is permitting SiteGuard to use the customer's personal information in compliance with the SiteGuard privacy document, which is available for view on the SiteGuard website. The customer also agrees to not reveal or disclose any private information which may reduce the service of SiteGuard, and to read the privacy document carefully and thoroughly, abiding by this document at all times. Changes to the privacy policy can take place at any time and are conducted at SiteGuard's discretion, with no exceptions.

16. Use of Interactive Services

All interactive tools launched by SiteGuard or any of its third party partners - including but not limited to chat functions, forums, blog content, or any other interactive or support function - must be used for the purpose they were intended. This means, for communicating information regarding security issues, functional issues, or for receiving reports. Customers may not use these tools as a means to solicit business or to leverage gain in any way. SiteGuard reserves the right to decide what constitutes appropriate communication, and will take action if the rules are breached, up to and including service termination and criminal proceedings. SiteGuard will not usually monitor and examine these channels, except as a means to provide support and improve service, but SiteGuard retains the right to monitor and screen communication at any point in the future. SiteGuard does not accept responsibility or liability for any communication received via these channels.

17. Confidentiality

The customer and SiteGuard agree to retain confidential information relating to the opposite party for a period of twelve months following the end of the term of service, whether this term was ended by termination, suspension or any other reason. This information is retained in order to help SiteGuard continue to provide services and to successfully conclude the termination procedure with the individual customer, and to continue to up hold the terms outlined in the agreement. Both parties agree to treat the confidentiality of the information in the same way they would their own, and may dispose of the information in a secure and safe manner once the one year period is complete. The customer also agrees that SiteGuard may transfer any information it receives from the customer to its own servers in order to help SiteGuard improve services in the future.

The customer understands that the following information is not classed as confidential;

  1. Information which was already in the possession of the receiving party before it was disclosed.
  2. Information which is in the public domain, or which becomes available in the public domain, provided it was not the receiving party who disclosed it.
  3. Information which is approved by the disclosing party for non-restricted use.
  4. Information provided without restriction to the receiving party from a source outside of the disclosing party.
  5. Information which relates to the disclosing party, but bears no resemblance to any information disclosed by them (i.e. independently developed information compliant with all restrictions).
  6. Information which is requested by a legal body or institution.

18. Billing

The customer must pay his or her bill in advance for each period of subscription. The customer agrees to provide SiteGuard with a means of payment - either a credit card or debit card - which is valid, and an email address which can be used to contact the customer. SiteGuard have the right to cease providing services if payment is not received on time, and the customer has the responsibility to inform SiteGuard of any changes in their payment information.

19. GST

All prices displayed include GST.

20. Refunds

If any of the services which SiteGuard provide to customers fail or malfunction, the customer may be eligible to receive a refund on some or all of the subscription fees and other charges paid to SiteGuard. However, the final decision on whether to award a refund or not is made by the SiteGuard team. All refund requests must be submitted within 30 days of the malfunction or failure, and are dealt with pending investigation. If the customer is found to be in breach of any of SiteGuard's regulations, the refund request is voided.

21. Breach

The customer will be considered to be in breach of this agreement if they contravene any of the terms and articles listed here. Other criteria constituting a breach include not paying monies owed to SiteGuard, of any amount, within 10 days following the payment due date. This is all outlined in the customer agreement documented. As discussed above, payment should be submitted in advance, ahead of the period of service. In the event that a customer defaults on their payment to SiteGuard, SiteGuard retains the following rights;

  1. The right to issue a notice of immediate payment, requiring all outstanding funds and balances to be settled immediately.
  2. The right to immediately terminate all SiteGuard services to the customer.
  3. The right to take legal action against the customer. All costs arising from legal action will be borne by the customer.

22. Indemnity Agreement

The customer has a responsibility to indemnify SiteGuard and any of its third party partners or affiliates against all costs arising from any kind breach in these terms and conditions or any other terms and conditions outlined by SiteGuard, whether the breach was intentional or unintentional. This includes all losses, damages, fees and charges against SiteGuard, whether direct or indirect. The customer also agrees that SiteGuard does not hold the same responsibility for the customer, and does not indemnify the customer against any of the above losses or charges arising from their use of SiteGuard services.

24. Authorisation to Enter This Agreement

By signing up for SiteGuard services, the customer is explicitly stating that they have the right to act on behalf of any of the parties who will be affected by the provision of the services. The customer also states that they have gained authorisation from affected parties to enable SiteGuard to conduct remote security scans at a time of its choosing, and that these scans are legal in the state or territory applicable to the third party. SiteGuard will not check this authorisation as a matter of course, but retains the right to do so at any time.

25. Modification of Terms and Services

The SiteGuard team retains the permanent right to alter or change the terms and conditions laid out in this document at any time with no warning or notification delivered to the customer. This also applied to the services SiteGuard provides, which may also be changed at any time. Information relating to the change will be posted on the SiteGuard site, so the customer is advised to check back to the site periodically to stay informed, as no other notification will be given.

26. Entire Agreement

The customer is obliged to recognise the terms laid out in this document, and to understand that, by signing up online for and using the services provided, they are agreeing to all terms and conditions across all contracts and documents. By continuing to use the services, they are continuing to agree to any and additional items, added to the canon of SiteGuard regulations by whatever means in the future.

27. Severability

If any of the terms in this or any other document provided by SiteGuard becomes invalid, this does not affect the validity of any of the other terms, and the customer accepts this.

28. Governing law

All disputes or claims relating to this agreement will be dealt with according to the governing law of the state or territory applicable to the dispute, or by any applicable international trade body.

29. Binding individual arbitration

  1. Purpose and definitions

    Dispute - A claim, disagreement or controversy arising between SiteGuard and the customer, regarding services, interactions, or any legal or civil matters. Where possible, both SiteGuard and the customer agree to settle the matter outside of court, pursuing all channels before going to court.

    Notice of dispute - A mandatory written notice sent from the customer to SiteGuard when a dispute is to be raise. See Notice of dispute section below.

  2. Exclusions

    Both SiteGuard and the customer must agree that any claims or cases brought by a small claims court, or disputes relating to amounts owed for services provided by SiteGuard, are not subject to the arbitration terms listed here.

  3. Notice of dispute

    The customer has the responsibility to send a notice of dispute to the SiteGuard legal team in order to give SiteGuard the opportunity to settle the matter without use of the Australian court system. The customer agrees to provide a period of sixty days from the issuing of the notice of dispute, during which time the case can be negotiated with SiteGuard. Following this sixty day period, either party may pursue the claim via legal arbitration.

  4. Class action waiver

    All claims and disputes, at any stage, are to be conducted on an individual basis, and the customer agrees to this. SiteGuard will not deal with any class action or group claim brought against the company unless this is agreed by both SiteGuard and the customer.

  5. Initiation of arbitration

    If arbitration is necessary, the customer may only pursue arbitration via the legal channels agreed upon by both SiteGuard and the customer. If there is a conflict between the terms of the channel selected and the terms of this document, the terms of this document are valid by default. Arbitration proceedings are to be carried out at any court or legal institution agreed upon by both SiteGuard and the customer.

  6. Severability

    If any of the items or clauses covered in this section are found to be in breach of any applicable law, they will be removed from the arbitration proceedings and invalidated. This does not affect the validity of any other of the terms listed in this section, or in any other document pertaining to SiteGuard's terms and conditions.

  7. Continuation

    This arbitration section will continue to be valid even if the customer agreement is terminated.

30. Waiver of rights

The only acceptable means to waive the rights outlined in this document is by submitting a written waiver. The customer accepts that any failure to do so, or any submission of a waiver by other means, will invalidate the waive request.

31. Independent contractors

Both SiteGuard and the customer have an independent contractor relationship with one another. Neither party is permitted to represent themselves as any agent, associate or affiliate of the other, or claim any rights associated with such a relationship. SiteGuard and the customer agree that neither party may enter into any agreement or contract on the behalf of the other.

32. Headings

The headings contained in this document are for ease of navigation and reference for both SiteGuard and the customer. They are not a binding part of the agreement.

33. Notices

If SiteGuard or the customer deems it necessary to make a demand or claim based on any of the items outlined in this or in any other document pertaining to SiteGuard's services, then this notice must be issued in writing. This should be sent by facsimile or by certified mail, and the notice is deemed to have been received when the official notification of delivery is released.

34. Force majeure

Both the customer and SiteGuard understand that, in the event of unforeseen circumstances or force majeure, neither party can be held responsible under these terms. These include but are not limited to, fire, flood, war, terrorism, crime, natural disaster, accident or any occurrence which is beyond the reasonable control of one party or the other. The force majeure rule also applies to third party partners and contractors of SiteGuard.

35. No Third-party beneficiaries

No part of this document, or any other document issued by SiteGuard, including all online documents is designed to imply or confer that the right and responsibilities afforded to either SiteGuard or the customer can be passed or transfered to a third party, unless this is specifically stated within the terms of the agreement. Such explicitly stated and intended third party relationships include third party vendors of SiteGuard products; these third parties will have the right to uphold the terms and provisions of this document, as they have been explicitly named within these terms. No other third parties will have this right, or the right to claim any benefit from SiteGuard, unless this is specifically authorised within the terms.

36. Government regulations

The customer is prohibited from exporting SiteGuard products, services or any information pertaining to SiteGuard to any individual or body outside of Australia. This is in compliance with Australian government regulations and both SiteGuard and the Australian government may opt to bring legal proceeding against anyone in breach of this term.

37. Marketing

The customer agrees that SiteGuard is permitted to use the customer's name in marketing materials and to release public communications which state that the customer is in fact a customer of SiteGuard.