Terms and Conditions

 

Ozone Interactive is pleased to be offering your Company the rights to use its Designer Collection Business System. By allowing us to implement the programme within your business you are agreeing and accepting the following conditions. These are designed to protect all parties involved and to ensure that the competitive advantage for each user is maintained within our market.

 

Please understand that any breach of the following points may result in access restrictions being implemented or removal from the group.

 

Ozone Interactive would have the right to give notice of dispute in writing. Upon receipt of such notice within 14 days the directors or senior personnel of both parties are required to meet and attempt to remedy the matter. During this period services will not be terminated providing payment is made. If the directors & senior staff are unable to compromise or agree then must be referred to Arbitration whose findings will be binding.

 

 

Software Protection and Your Responsibilities

You are not to sub-license, resell, transfer, assign, distribute or commercially exploit the programme to a third party in any way. You shall not modify, reverse engineer or make derivative works to assist in building a competitive product. You are responsible for all activities within your business and as such shall ensure all local, state and national laws relating to the internet, data privacy and the transmission of personal data are followed. You shall notify Evolution Software immediately of any suspected breach of security surrounding the programme.

 

 

Account Information and Data

You will have sole responsibility for the accuracy and future management of your Data once it has been implemented into the system. Ozone Interactive shall not be liable for any claims, losses or damage associated with incorrect data, services, products, quoting or production. There will be a level of responsibility by you to ensure costs and production parameters are correct against your previous data. In the unlikely event this Agreement is terminated, Ozone Interactive will make available to you a file of your complete data. It is understood that Ozone Interactive has the right to withhold Customer Data if payment defaults extend beyond 60 days, and if adequate communication and commitment for future payments have not been made.

 

Intellectual Property

Ozone Interactive owns all the rights, titles and interests in the software, including any suggestions or improvements made to the service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Designer Collection Technology, the Intellectual Property, the Designer Collection name or the Designer logo. Any personal Company data and product information supplied to Ozone Interactive by you will remain yours exclusively. A Confidentiality agreement can be supplied if required.

 

Billing and Renewal

Monthly fees will be invoiced on the first of the month to which they apply with payment due by the end of the same month, industry standard charges applying for late payments. Unless a written request for termination is received your monthly charge will continue to roll over each month. The first month’s payment will cover all your data and product entry.

 

We reserve the right to change the monthly fee for your service, however such changes will never be larger than the average CPI for the previous year.

 

Disclaimer of Warranties and Liability

Ozone Interactive cannot expressly guarantee or warrant that (a.) The service will be uninterrupted or error free. (b) The web provider that hosts the site will never be influenced by external factors that could affect the service. (c) Delays, delivery failure or damage from internet and communication problems will never exist. By accepting this agreement you understand that Ozone Interactive will not be responsible for any form of damages or losses associated with your use of the Designer Collection Software.

 

If the service is unavailable for more than 5 consecutive days then that months fee will be waived.

 

Modification to Terms

Ozone Interactive reserves the right to modify the terms and conditions of this Agreement. Adequate notification will be given to all users of such changes with any future fee changes never exceeding current CPI levels.

 

Assignment

This Agreement may not be transferred by you without the prior written approval of Ozone Interactive. If Ozone Interactive transfers control or ownership of its services, all user data will remain confidential and under no circumstances will it be made available to any competing entity of yours without your written consent. Any change in control of your entity that results in a direct competitor of Ozone Interactive within Australia shall entitle Ozone Interactive to immediately terminate this Agreement if required.