Please read these terms and conditions carefully, hereafter called 'terms', before using or registering on this website propertydomains.com.au   
By using this website you, the user of this website, agree to be bound by these terms.  If you do not agree to these terms, please do not register or use this website further.
Interpretation
In these terms & conditions of sale the following terms have the following meanings:  
•    "Terms" or "Conditions" means these terms and conditions
•    "Contract" means an agreement between the Supplier and the Customer which is made up of an Order and these Conditions
•    "Customer", "user" or "you" means the customer whose details appear on the Order
•    "Customer Materials" means the materials provided to the Supplier for the purpose of branding the Site for its business and identifying the property for sale or lease.
•    "GST" means goods and services tax chargeable under Australian law for the time being and any similar additional tax.
•    "Intellectual Property Rights" means patents, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world;
•    "Order" means the electronic order form included on www.propertydomains.com.au;  
•    "Price" means the price detailed on the Order or, if no price is detailed on the Order, the price of the Services calculated in accordance with the Supplier's price list in force on the date of the Supplier's acceptance of an Order;
•    "Services" means the services set out in clause 4;
•    "Site" means the website situated at the domain name listed on the Order;
•    "Start Date" means the start date for the provision of Services set out on the Order;
•    "Supplier", "our", "us" or "we" means www.propertydomains.com.au a website owned and operated by Flitterbys Pty Ltd  (ABN 12267293421)  
•    "Term" means the lifetime of any Contract calculated in accordance with these Conditions;  
•    "Website" or "system" means www.propertydomains.com.au; and
Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
The word “including” is not to be treated as a word of limitation.
1.Information on this website
 
The information available from this website is for information purposes only to assist you evaluate the services we supply.  
 
Although we do not believe any information available from this website was inaccurate at the time it was added, we make no warranties as to the accuracy or completeness of any information on this website or websites linked to from this site.   
If you register with us on this website or acquire services from us, you must agree to the terms and conditions as updated from time to time.
Our website privacy policy is available from our Privacy page
 
2.Basis of Contract
These Conditions apply to all contracts for the provision of Services entered into by the Supplier to the exclusion of all others including, without limitation, any terms or conditions provided by the Customer at any time.
All Orders are subject to acceptance at the Supplier's absolute discretion and are not binding upon the Supplier until accepted by the Supplier in writing. The Customer may not cancel or vary any Order which the Supplier has accepted.
Each Contract is a separate legal contract and contains all the terms agreed by the parties in relation to its subject matter and supersedes all prior agreements, understandings and arrangements whether oral, in writing or arising from a course of dealing. Each party acknowledges that in entering into a Contract it has not relied upon any matter not set out therein.
The Supplier may make changes to these Conditions from time to time. Any such change shall apply to all Orders placed by the Customer after the date of the change. The Customer is reminded of the need to periodically check these Conditions for changes.
3.Users and Governing Law
The services provided through this website are for the use of Australian and New Zealand residents only.   
If you are a natural person under 18 years of age, then your parent or guardian must agree these terms on your behalf.  Until your parent or guardian agrees these terms on your behalf, there will be a presumption that these terms are binding on you to the extent permitted in law.
If the user of our website uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use our website that the user warrants that he or she has authority to accept these terms on behalf of that body corporate, and these terms specify the terms of a legally binding agreement between that body corporate (and “you” in these terms means that body corporate) and us.
These terms are governed by the law applicable in Queensland, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.   
4.Supply of Services
In consideration for the Price, the Supplier shall during the Term:
subject to compliance with these Conditions, make the Site available to the Customer for the sole purpose of promoting the Customer's property for sale, lease or rent
provide the Customer with appropriate levels of access to the Site and related information to allow the Customer to respond to any potential client correspondence; and brand the Site with the Customer's Material.
The Supplier shall provide up to 2 free modifications of the Site in the initial month and then up to 2 further modifications per month at an additional fee of $10.00 per modification.  
Where the Supplier deems, in its sole discretion, that any Customer Material is offensive to the public or inappropriate to be featured on the Site, the Supplier may refuse incorporate the applicable Customer Material on the Site and the Customer may propose alternative content.  
The Supplier shall use its reasonable efforts to commence the provision of the Services on or around the Start Date, but time of performance shall not be of the essence.
To enable the Supplier to perform its obligations under the Contract, the Customer shall co-operate fully with the Supplier, provide the Supplier with any information that it reasonably requires and obtain all necessary permissions and consents which may be required before commencement of the Services.
5.Price and payment
The Price is inclusive of any applicable GST.
By signing up for a domain name and site lease account you agree to pay the supplier the setup fees and monthly leasing fees agreed upon. Any optional fees will be invoiced starting from the day your optional services are established and in advance of using such services. The supplier reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
The Price consists of a one-off initial set-up fee and then a recurring monthly leasing fee for the site, starting from the day of set-up, payable monthly in advance by direct debit for the term of the contract which will be until the customer cancels the contract, by notifying us in writing or 24 months after the day of set-up, whichever is the sooner.  
Upon receiving written cancellation, we will cancel the customers direct debit to us within 3 working days. No pro-rata re-imbursement for any monthly leasing fee already paid will be made.
Each monthly fee must be paid in full and cleared funds without set-off or deduction in Australian dollars ($) within 7 days of the due date. Time of payment shall be of the essence of the Contract.  
If the Customer fails to pay any amount under any Contract when it is due then, without prejudice to any other rights and remedies, the Supplier may cease provision of the Services without incurring any liability.  
Where a fee is charged to the supplier for dishonoured payments, the customer is liable to reimburse the supplier for these fees.
 6.Warranty  
The Supplier warrants that the Services will be performed with reasonable care and skill and in accordance with all statutory requirements and regulations.
The Customer's only remedy in respect of a breach of the warranty in clause 4 will be (at the Supplier's sole discretion) re-performance of the Services or a refund of the Price (in respect of the affected Contract only).
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.Indemnity
The Customer shall indemnify, defend and hold harmless the Supplier, its staff, successors and assigns from any and all losses arising from or in connection with:
 
•    any Claim (which for the purposes of this clause means any claim, action, proceeding, demands or allegation or any threatened claim, action, proceeding, demand or allegation) that any of the Customer Material and/or the use, reproduction or exploitation of any of the same by or on behalf of the Customer infringes a third party's Intellectual Property Rights;
•    any Claim that any Customer Material infringes a third party's Intellectual Property Rights, if the claim is based on or attributable to the fact that the Supplier has modified (directly or through a third party) any Customer Material or has used, reproduced or exploited Customer Material in contravention of any term or condition that the Customer has disclosed to the Supplier; and
•    any fines levied on the Supplier by a third party including any relevant regulator arising from the acts or omissions of the Customer and/or its respective directors, employees, agents or subcontractors.
8.Liability
Save as provided below:
•    the Supplier's total aggregate liability under any Contract (whether in contract, tort (including, but not limited to, negligence) or strict liability or otherwise howsoever arising) shall not exceed the total amount payable to the Supplier by the Customer under that Contract;
•    the Supplier will not be liable for any claim to the extent that it relates to loss of profits, goodwill, business opportunity or anticipated savings, injury to reputation, third party losses or indirect, consequential or special loss or damage regardless of the form of action, whether in contract, tort (including, but not limited to, negligence) or strict liability or otherwise howsoever arising and regardless of whether the Supplier knew or had reason to know of the possibility of the loss or damage in question; and
•    the Supplier will not be liable for any delay in or failure to comply with its obligations to the extent that such failure results from circumstances beyond the Supplier's reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
9.Termination
Either party may terminate a Contract upon 10 days written notice for convenience.  
The Supplier shall be entitled to terminate a Contract immediately by notice in writing to the Customer if:
•    the Customer commits an irremediable breach of the Contract, persistently repeats a remediable breach or commits any remediable breach and fails to remedy it within 30 days of receipt of notice of the breach requiring remedy of the same; or  
•    the Customer makes an arrangement with or enters into a compromise with its creditors, becomes the subject of a voluntary arrangement, receivership, administration, liquidation or winding up, is unable to pay its debts or otherwise becomes insolvent or suffers or is the subject of any distraint, execution, event of insolvency or event of bankruptcy or any other similar process or event, whether in Australia or elsewhere;  
•    the Customer ceases or threatens to cease to carry on business; or
•    if the Supplier reasonably considers that any of the events specified in clauses 9.1.2 to 9.1.3 is about to occur in relation to the Customer and notifies the Customer accordingly.
In the event of termination by the Supplier pursuant to clause 9.2 above then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further performance of the Services to the Customer without any liability to the Customer and, if the Services have already been performed but not paid for, the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and the Supplier shall be entitled to charge statutory interest from the time of such cancellation or suspension until the Supplier receives payment.
The expiry or termination of any Contract shall be without prejudice to any rights which have already accrued to either of the parties under it.
10.Intellectual property rights  
 
All Intellectual Property Rights in the Site and any Intellectual Property Rights created by the Supplier in providing the Services are, and shall remain, the property of the Supplier.
The Intellectual Property Rights in the Customer Materials are, and shall remain, the property of the Customer.
Nothing in these terms grants, assigns or implies any rights, by licence or otherwise, to any person under any patent, copyright, trade secret, or other intellectual property right, except for the limited right to make one printed copy of the information on this website solely for your personal use.   
These terms do not grant or imply any rights in or to any Confidential Information on this website, except the limited right to review such Confidential Information solely for the purposes of you considering a possible transaction or relationship with us.  
You agree not to reverse engineer, on sell, retransmit, decompile or disassemble any materials, including hardware or software, accessible from this website for any purpose.   
 
11. Use and disclaimers
The information available on this website, and the services we supply from it, may not be suitable for your intended purpose or meet your requirements. You are responsible for independently verifying the accuracy, completeness and usefulness of such information.   
We do not accept liability for any loss or damage caused by your reliance on any information available from this website.  
We do not endorse or provide any warranty in relation to the content of any third party website that may be linked to this website.
To the maximum extent permitted by law, we do not warrant that information available from this website, including under any subdirectories accessible from it, is in any way accurate, correct, up to date, free from errors, omissions, computer viruses or suitable for your intended use.  
We reserve the right to sell third party advertising on our website and any customer site created using our website, to our benefit, now or at any time in the future.  
Any domain names registered through our website are registered to the supplier for the initial period of 1 calendar year from registration. All registrations are final and cannot be revoked or set-up fees re-imbursed for any reason.  
If the user wishes to re-register the domain name for any further period after this 1 year, it is their sole responsibility to re-register the domain name. Failure to re-register the domain name, will occasion their domain name registration to lapse and become available for registration by any other person.  
Real Estate Agents, Real Estate Brokers and private customers must be aware that they can use our website to create and provide single property websites for themselves or their clients, both vendors and purchasers of real estate.
In particular, agents and brokers warrant that they have the permission of their client/the property owner to create and market a website in relation to their clients activities, eg. selling, buying renting or leasing property or real estate.  
Should the client of any agent or broker ask us to remove a customer site, created on our website, that has a direct relationship to that client’s business, activities, or property, then we will remove that site whether or not we have the express permission of the agent or broker.
Our right to remove a site, at the request of the client of an agent, broker or private sale vendor, must be agreed to by all persons before using our system to create such a site.   
We are not, and cannot be held liable for, any loss or damage incurred by any agent, broker or their client as a result of removing a site at the request of a client.
To the maximum extent permitted by law, we exclude all:  
Conditions, warranties and terms implied by statute, general law or custom; and liability for any loss, damage, cost or expense (whether direct or indirect, including consequential loss), however incurred, including in tort, arising out of or in connection with these terms and this website and any information and materials available from it.
Our total liability to you for a breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974 (Cth)), is limited, at our option, to any one of supplying or replacing, or paying the cost of supplying or replacing any goods supplied to you or supplying again, or paying the cost of supplying again, the services supplied to you in respect of which the breach occurred.   
“Non-excludable Condition” means an implied condition or warranty the exclusion of which from a contract (including a contract with a consumer as defined in the Trade Practices Act 1974 (Cth)) would contravene any statute or cause part or this entire clause to be void.
Notwithstanding any other provision of these terms, nothing in these terms is intended to exclude any Non-excludable Condition.
 
12. Irreparable harm
You acknowledge that monetary damages alone would not be adequate compensation to us for the breach of your obligations under these terms and, in addition to any rights to damages, specific performance of those obligations is an appropriate remedy.
 
The supplier has not reviewed, and cannot review, all of the material, including computer software, posted to a customer site, and cannot therefore be responsible for that material’s content, use or effects. By leasing the customer a site, the supplier does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.  
You are responsible for taking precautions as necessary to protect yourself, the Website and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.  
The customer’s site may not contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.  
The customers site may not contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.  
The Supplier disclaims any responsibility for any harm resulting from the use by visitors of the customer’s site, or from any downloading by those visitors of content there posted.
13.Entire agreement and return of information
These above terms, constitute the entire agreement between us regarding the subject matter.
If requested by us you must return to us all Confidential Information we disclose to you or, if requested by us, delete or otherwise destroy that Confidential Information and confirm that to us in writing.