New Customer Registration


	New Customer Registration
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Customer Agreement
1) INTRODUCTION 
Client Storm strives to offer all its clients a reliable and excellent level of service. If you have any queries we would like to hear these. Please email us or see the "Contact" section at the Site for other contact details.

2) DEFINITIONS 
In these conditions, unless the context requires otherwise, the following words shall have the following meanings: 
"Client" or "you" means the person, firm or company that has requested any Services; 
"Conditions" means the standard terms and conditions of sale set out herein; 
"IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
"Keywords" means those words notified to you by Client Storm which control your access to some of the Services including without limit your password and username; 
"Client Storm" or "we" means Client Storm; 
"Netiquette" means generally accepted standards for use of the Internet such as, but not limited to, sending bulk unsolicited email, mail bombing, misrepresenting that you have third party authorisation and impersonating another person; 
"Server" means the computer servers used to provide the Service; 
"Services" means any services supplied or to be supplied by Client Storm (which may include without limit, Mailing List Hosting, Mailing List Management, Email Delivery, SMS delivery, Fax Delivery Autoresponder Services, Consultancy) as described in the quote or acknowledgement of order issued by Client Storm or as may be agreed from time to time; and 
"Site" means any Internet website we operate.

3) ACCEPTANCE OF TERMS 
The Conditions set out the only terms on which Client Storm is prepared to provide you with the Services. The Conditions shall apply and by using the Services you accept this. All other terms and conditions (other than those which are agreed in writing between us) are excluded to the fullest extent permitted by law. Client Storm reserves the right to review and revise the Conditions from time to time without prior notice and, by using the Services subsequent to any revision of these Conditions, you agree to be bound by such changes. Please review the following link on a regular basis for changes at http://www.clientstorm.com.au/terms_conditions.pdf

4) REGISTRATION 
Where appropriate, you agree to provide such information about yourself as prompted by the Service's registration form and ensure that it is at all times true, current, accurate and complete. If it is not or we reasonably suspect it is not true, current, accurate and complete then we shall be entitled to terminate or suspend the Services until such time as we determine. 


5) SPAM
You may not use the Services to send unsolicited email ("spam"), commercial or non-commercial. Your email will be considered unsolicited
i)	if your membership addresses are not 100% opt-in by your email list members. 
ii)	If your email addresses came from harvesting, a purchased email list, another mailing list (even with the approval of the list owner), or were compiled by any other method other than direct subscription from your email list members, for the purposes of this Agreement, those emails will be considered unsolicited email ("spam"). 
If we receive complaints that you are sending unsolicited commercial or non-commercial email ("spamming"), in addition to other rights that Client Storm may have under this Agreement or under applicable law, Client Storm may, at its sole discretion, suspend your service pending a reconfirmation of your entire email list membership. There is no reduction or refund of fees during period of suspension. This reconfirmation may be carried out by Client Storm in any reasonable manner it determines, in its sole discretion, including without limit, sending an email to all of your list members requiring confirmation of their wish to continue their subscription to such list. If Client Storm determines in its sole discretion that you have been spamming, in addition to any other rights under this Agreement or under applicable law,
(i)	Client Storm may bring an action in any court of competent jurisdiction to enjoin such activity, it being understood that such activity may cause irreparable harm to Client Storm which may not be fully compensable by monetary damages and 
(ii)	Client Storm may recover from Client monetary losses caused to Client Storm by such activity in an amount equal to
(a)	$500 for each such item of unsolicited email which Client has sent to each separate and identifiable email address in violation of this Rule, which amount the parties agree is a fair and reasonable estimate of Client Storm' losses which would be occasioned by such violation; or
(b)	if Client Storm can establish a greater amount of monetary loss, the amount of such actual monetary loss suffered by Client Storm as a result of such violation including, but not limited to, any damage or loss (including legal fees) resulting from any claim made against Client Storm as a result of Client's conduct in violation of this Rule. In addition to the foregoing, Client shall be responsible for costs incurred by Client Storm in bringing such actions, including legal fees.
Every email must include an unsubscribe option as provided by the Client Storm software or otherwise. Manual unsubscribe requests must be processed within 7 days.

6) CONTENT
All list messages must include unsubscribe instructions in order that members can unsubscribe themselves from such list. You may not refuse or ignore unsubscribe requests from members of your list. List owners should respond to member requests for manual removal from the list with courtesy and timeliness. You may not use Client Storm for one-time mailings to a list of members after which you substantially delete the membership and create a new list. Your membership must be a static, permanent list to which you add or delete new members and/or members subscribe or unsubscribe themselves in the ordinary course. 

The content of any electronic communication cannot contain any adult content nor link from, or to, any adult materials including but not limited to: 
•	Explicit, vulgar or obscene language. 
•	Posting or referencing of sexually explicit images or other offensive content. 
•	Promotion of adult services, such as phone sex or escort services. 
The content of any electronic communication cannot infringe on any personal, intellectual property or copyrights including but not limited to:
•	Racial, ethnic, political, religious hate-mongering or otherwise objectionable content 
•	Investment, money-making opportunities or advice not permitted under law. 
•	Gratuitous violence or profanity. 
•	Material that defames, abuses, or threatens physical harm to others or to you. 
•	Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, etc. 
•	Software Pirating (e.g., Warez, Hotline) 
•	Hacking or Phreaking. 
•	Any illegal activity whatsoever. 
•	Any questionable or controversial subject matter. 
You may not send email with an invalid "From:" or "Reply-to:" address. All messages sent to your list must contain valid email addresses and you must be responsive to all replies from members of your list, including unsubscribe requests. 
7) PRICE 
The current price payable for the Services shall be published on the Site from time to time and confirmed at the time you request us to provide any of the Services. Refunds will be given at the discretion of Client Storm. Client Storm shall be entitled to vary its prices from time to time however we shall give you at least one month’s notice of such increase and if you are not satisfied with such increase then you will be entitled to terminate the Service by giving us written notice within one month of the date of the variation notice failing which you shall be deemed to have agreed to the variation. The price covers permitted number and size of monthly mailing limits as stated on the Site. If you exceed this limit then Client Storm reserves the right to make additional charges for usage above the limit at the prevailing charge rate as stated on the Site. We will endeavour to let you know if your usage exceeds the agreed level, however it is your responsibility to monitor the services being used by you from time to time. All prices quoted to the Client for the provision of services by Client Storm are exclusive of any value added tax for which the Client may be additionally liable at the applicable rate. Where the Services are purchased with a monthly payment plan comprising a set up fee, this fee is payable immediately. If, for any reason, there is contention relating to payment for our services, Client Storm reserves the right, in any case, to charge an administration fee of $60 to cover costs.

8) PAYMENT 
The price and all other amounts due shall be paid by the Client by the due date and in the currency as specified in Client Storm's invoice. Payment shall only be deemed received by Client Storm upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any goods. Where you authorise payment to be made by credit or debit card then such authority shall be deemed as authority to Client Storm to take all that the Client owes. It is of the essence that all amounts due from the Client are paid on time. You shall be responsible for any and all expenses incurred by Client Storm in recovering overdue amounts and shall pay interest on them (before and after judgment) at annual rate of 5% above the base lending rate of Commonwealth Bank calculated daily until payment is made in full. Failure to settle all amounts by the due date may result in withholding of further Services and/or suspension of existing Services.

9) INTELLECTUAL PROPERTY 
All IPRs relating to the Services provided by Client Storm are and shall remain the property of Client Storm. All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to of Client Storm or its licensors. Except as expressly provided below, nothing contained in these term of use or on the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other IPRs. Client Storm and all other names, images, pictures, logos and icons identifying Client Storm or its services are the property of Client Storm. Other product and company names mentioned on this Site may be trade marks of their respective owners. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of any aspect of the service or any software, documentation, or data related to it. Neither will you remove any proprietary notices or labels from the service or any software, modify, translate, or create derivative works based on the service or any software or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the service or any software.

10) INDEMNITY 
The Client agrees to fully indemnify and keep Client Storm, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a fully indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever arising your use or misuse of the Services, any claims by third parties as to ownership or other rights arising in any way by the Client infringing (whether innocently or knowingly) third party rights (including without limit intellectual property rights). 

11) DISCLAIMER 
Nothing in the these Conditions shall exclude or limit the liability of Client Storm for death or personal injury resulting from its negligence or fraudulent misrepresentation nor affect the statutory rights of consumers. To the fullest extent permitted by law the Site and its contents is provided by Client Storm on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Client Storm does not represent or warrant that:
(i)	the Services will meet your requirements; 
(ii)	the Services will be uninterrupted, timely, secure, or error-free;
(iii)	any results obtained from using the Services will be accurate, complete or current. You acknowledge that the allocation of risk reflects the price paid for the Services and that it is not within the control of Client Storm how or for what purposes the Services are used. If any exclusion in this license is held to be invalid and Client Storm becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Services. Client Storm shall have no liability to the Client for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the Client or on its behalf. Client Storm is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the Services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied. Client Storm reserves the right to raise additional charges for any work so arising. If any Services are or become unavailable then Client Storm will use reasonable endeavours to repair and reinstate the service within 24 hours of detection depending on the severity of the failure. If failure is caused by the Client or any agent of the Client to whom access to Servers was given then the Client shall pay all costs to reinstate and/or repair the Server. Where such unavailability is due to the negligent failure of Client Storm to deal with circumstances within its control and is for more than a total of 24 hours in any 30 day period or for any 6 consecutive hour period then Client Storm will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable Services or provide you with a credit up to the same amount. Neither Client Storm nor anyone else who has been involved in the creation, production or supply of the Services shall be liable to the Client or any other person for any loss, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of the Services for any: 
(i)	economic loss of any kind whatsoever, or
(ii)	loss of profit, business contracts, revenues or anticipated savings, or
(iii)	damage to the Client's reputation or goodwill, or
(iv)	loss resulting from any claim made by any third party, or
(v)	special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify Client Storm from and against any claim which may be made against Client Storm in respect thereof. 
Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you. If Client Storm is prevented or delayed in or from performing any of its due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency Client Storm shall not be liable for this. 

12) CONFIDENTIALITY 
All confidential information of either party or of any of its customers disclosed to or discovered by the other as a result of the provision of the Services shall be regarded as disclosed in confidence and shall only be used in connection with the agreed Services and not be passed on to third party and/or in any way be made use of at any time either during or after the termination of the Services save with consent of the other or which comes into the public domain (otherwise than through the unauthorised disclosure by the other). The Client shall promptly notify Client Storm if it becomes aware of a breach of confidence in relation to the Services and shall give Client Storm all reasonable assistance in connection with any proceedings Client Storm may institute against a third party at Client Storm' expense. 

13) PRIVACY 
For quality control purposes your telephone conversations with Client Storm staff may be recorded from time to time. The information you provide to us will be stored on computer. We are committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalised service and to tell you about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by writing to Client Storm at the address set out in the "Contact Us" section at the Site. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions. We will not monitor, edit or disclose the contents of any private communications transmitted via the Servers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Client Storm or to protect the personal safety of any of our clients or the public.
 
14) COOKIES
Cookies are bits of electronic information that a website can transfer to your hard drive to help tailor and keep records of your visit to the Site. Cookies help us to provide you with the best possible service on our Site. We use cookies to see where visitors are coming from and tracking user interests and behaviour. If you voluntarily provide personal details, we may use cookies to identify what pages and topics are of specific interest to you. Most major websites use cookies and their use is standard on the Internet. Most Internet browsers automatically accept cookies. However, you can change your settings so that you are notified whenever you are sent a cookie, or block them completely should you wish to do this.

15) TERMINATION 
The Services may be terminated: 
i)	immediately by Client Storm if the Client fails to pay any sums due hereunder within 7 days of their due date; 
ii)	immediately by either party to the other if the other commits any material breach of any these conditions and which (in the case of a breach capable of being remedied) has not been remedied within a reasonable time period as may be specified in a formal request in writing or by electronic email to remedy the same;
iii)	immediately by written notice from Client Storm if the Client commits any material breach of any these conditions which may impact the Services or Servers of Client Storm or the ability of Client Storm to provide the services;
iv)	immediately by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).
In the event that Client Storm is entitled to terminate the Services for any reason then it shall in the alternative at its sole discretion be entitled to suspend the Services for such period as Client Storm shall determine. Upon termination or expiry of the Services all amounts payable by the Client to Client Storm shall become immediately due and Client Storm shall be entitled to immediately cease the provision of the Services. 

16) FOREIGN JURISDICTIONS 
The Site may contain references or cross references to services that are not available in every country. We do not represent that all Services and content , materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and we are not responsible for your compliance with local laws or other applicable laws. You will not access the foregoing if prohibited by law. Any translation of these Conditions into a language other than English is for the convenience of the Client only and it is agreed that the English language version of these Conditions at http://www.clientstorm.com.au/terms_conditions.pdf shall be relied on by the parties and shall prevail in the event of any differences.

17) MISCELLANEOUS 
Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver. Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by first class post or by email or facsimile transmission to the last known postal, email address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was despatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee. Any termination of this Agreement shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into continue in force upon or after such termination. If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability. Your use of this Site will be governed by Australian Law and will be deemed to have occurred and been made in Australia. If you have any disputes with us or any other aspect of the Site then these will be exclusively resolved in the Australian Courts. The Client shall not share, re-sell or attempt to share or re-sell the Services or permit any third party to use and/or access any of the Services for any purpose, without prior consent of Client Storm.
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>I will NOT use Client Storm to send unsolicited email.
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Credit Card Details
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>I will provide my credit card details later. I want to trial Client Storm first (email sending will be disabled).
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>I will enter my credit card details now
Name on Credit Card *
Credit Card Number *
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Expiry Date *	/
Card Security Code *

	(c) Client Storm 2006