FAQ’S

BACKGROUND
A.The Supplier owns the Software.
B.The Supplier wishes to grant, and the Customer wishes to take, a licence to use the Software for its own business purposes in accordance with the terms of this agreement.

OPERATIVE PROVISIONS
1.Definitions and interpretation
1.1Definitions
Acceptance Date means the date upon which the Software is accepted by the customer as per Clause 5.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the State.
Commencement Date means the date specified in the Schedule;
Confidential Information means information that is by its nature confidential but does not include:
(a)information already known to the receiving party at the time of disclosure by the other party; or
(b)information in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under this agreement;
Customer means you, being a party duly authorised to enter into and be bound by this agreement on behalf of the Licensee.
Customer Data means data that is supplied by the Customer to the Supplier in a form requested by the Supplier including but not limited to information regarding trade personnel, addresses and the Customer’s employees.
Electronic Communications means SMS, Emails or any other method of digital transmission in written form
GST Law means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth) or any other legislation as repealed, amended, or replaced from time to time;
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields;
Licence means the licence of Software granted pursuant to this agreement;
Licence Fee means the amount so specified in the Schedule;
Maintenance Services means the maintenance services to be provided by the Supplier in its absolute discretion;
Moral Right means:
(a)a right of attribution of authorship;
(c)a right not to have authorship falsely attributed;
(d)a right of integrity of authorship; or
(e)a right of a similar nature;
which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within this agreement;
New Release means software which has been provided primarily to implement an extension, alteration, improvement or additional functionality to the Software;
Software means the computer program and related documentation as specified in the Schedule;
Specifications means the specification set out in the Manual of Specifications;
Supplier means us, the Licensor, being Keylog Pty Ltd.
Update means software which has been produced primarily to overcome defects in the licensed Software.

1.2Interpretation
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of this agreement.

2.Licence and payment
(a)Commencing on the Commencement Date, the Supplier grants a non-transferrable, non-exclusive licence to the Customer to use the Software under the terms of this agreement.
(b)In consideration for the Supplier providing the License to the Customer, the Customer will make payment to the Supplier in advance and in accordance with the provisions of this clause.
(c)Payments are processed through a third-party financial service and the Supplier is not liable for any errors, omissions, breaches or actions arising from conduct undertaken by the third-party financial service in relation to conversion fees.

(d)Subject to the terms of this agreement, while the Supplier will invoice the Customer monthly or at agreed party arrangement, this agreement shall continue to automatically rollover each month until it is terminated in accordance with Clause 16.

3.Conditions of Licence
(a)The Supplier warrants that it has the authority to grant the Licence.
(b)The Licence shall be non-transferable and non-exclusive to the Customer.
(c)The Software shall be used in a proper manner by competent and trained employees only or by persons under their supervision.
(d)The Supplier is not required to provide Updates or New Releases, maintenance, back up, amend, add or remove features pursuant to this agreement but may do so in its absolute discretion. The Supplier will notify the client via email prior to any New Releases/Deployments.

(e)The Customer will not create or permit to exist a security interest over the Software or documentation or in any modifications to, or enhancements, Updates or New Releases of, the Software or documentation. For the purposes of the foregoing, “security interest” means a security interest that is subject to the Personal Property Securities Act 2009 (Cth) or any other mortgage, pledge, lien, charge or other arrangement of any kind which in substance secures the payment of money or the performance of any obligation, or that gives a creditor priority over unsecured creditors.
(f)The Customer shall co-operate fully with the Supplier’s personnel in the diagnosis of any alleged non-conformity of the Software.
(g)The Customer shall make available to the Supplier free of charge all information, facilities and services reasonably required to enable the Supplier to perform the Maintenance Services, Update or New Releases effectively.
(h)The Customer shall provide such telecommunication facilities as are reasonably required by the Supplier for testing and diagnostic purposes at the Customer’s sole expense.
(i)The Supplier may revoke or suspend the Licence in its absolute discretion for any reason that it sees fit. The Supplier may ordinarily advise the Customer of any suspension or revocation however it is under no obligation to do so.

4.Installation
Prior to the installation, the Customer will provide to the Supplier the Customer Data as reasonably requested by the Supplier, for the purpose of implementing it into the Software.

5.Acceptance
(a)Upon installation of the Software, the Customer will be responsible for ensuring that the Software is used in accordance with the Specifications.
(b)If, during a period of 10 Business Days following the Commencement Date, the Software fails to perform substantially in accordance with the Specifications, it will be deemed not to be accepted.
(c)If the Software is deemed not to be accepted pursuant to subclause (b), the Supplier will be given the opportunity to rectify the defect or replace the Software within a further period of 14 Business Days.
(d)If the Software fails to perform substantially in accordance with the Specifications during the 14 Business Days period referred to in subclause (c), the Customer may, at its option, grant a further period during which satisfactory performance is to be achieved or alternatively terminate the agreement.
(e)The Software will be deemed accepted if it does not fail to substantially perform in accordance with the Specifications during any of the periods referred to in the preceding subclauses.

6.Training
The Supplier shall be responsible for providing the Customer with such training in the operation and maintenance of the Software on a date and time as agreed between the parties if required. Such training shall be provided online. Training shall be conducted at the Customer’s sole expense. Should further training be required then the costs will be payable by the Customer to the Supplier at a rate to be determined by the Supplier in its absolute discretion. Training is not compulsory, Supplier does supply guides free for Customer.

7.Licence Fee
(a)The Licence Fee is exclusive of all taxes, duties and surcharges payable in respect of the Software and in respect of this agreement.
(b)If the Customer disputes the whole or any part of the amount claimed in an invoice submitted by the Supplier pursuant to this agreement, the Customer will pay the undisputed portion on the due date. The dispute regarding the remainder may be referred to the dispute resolution procedure prescribed by this agreement.

8.Ownership and Intellectual Property Rights
(a)The Supplier retains ownership of the Software.
(b)All Intellectual Property Rights in the Software are retained by the Supplier.
(c)Nothing in this agreement affects the ownership of Moral Rights in the Software.

9.Copies
(a)Subject to the following subclauses of this clause, and without seeking to exclude or limit the application of sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth) the Customer must not copy the Software, in whole or in part.
(b)The Customer may make such number of copies of the Customer Data as is necessary to serve its internal needs for system backup and security.
(c)The Customer must maintain records of all copies of the Data made by it and the place at which those copies are situated.
(d)The Customer must notify the Supplier immediately on becoming aware of any unauthorised use or copying of the whole or any part of the Software and Manuals.

10.Modifications
(a)The Customer must not modify the whole or any part of the Software or combine or incorporate the whole or any part of the Software in any other program or system without the prior consent in writing of the Supplier.
(b)If the Software is modified in accordance with subclause (a), the modifications must, unless the Supplier directs otherwise, be made in accordance with a written proposal submitted by the Customer to the Supplier.
(c)The Customer shall fully indemnify and hold harmless the Supplier against any liability incurred if the modifications infringe the Intellectual Property Rights of a third person.
(d)The Software as modified remains the property of the Supplier.
(e)This agreement shall continue to apply to the Software as modified.
(f)This clause is subject to any right of modification arising pursuant to sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth).

11.Reverse engineering
Except as expressly permitted by sections 47B(3), 47C, 47D, 47E or 47F of the Copyright Act 1968 (Cth), the Customer must not reverse assemble or reverse compile the Software or any part of the Software.

12.Security
The Customer will be responsible for protecting the Software at all times from unauthorised access, use or damage.

13.Warranties
(a)The Supplier warrants that the Software will perform substantially in accordance with the Specifications for a period of 90 days after the Acceptance Date.
(b)If, within 30 days after the Acceptance Date, the Customer notifies the Supplier in writing of:
(i)the fact that the Software is not performing substantially in accordance with the Specifications; and
(ii)the alleged defects or errors are sufficiently particularised to enable the Supplier to remedy the defects or errors,
the Supplier must at its own expense, commence to examine the Software within ten (10) Business Days and, as soon as practicable thereafter, rectify the defect or replace the Software.
(c)The warranty contained in subclause (b):
(i)is subject to the Customer having fully complied with its obligations under this agreement;
(ii)is not a warranty that the results obtained from the Software will be in accordance with the Customer’s expectations; and
(iii)does not operate where the substantial non-performance arises in any respect from the nature or operation of the equipment on which the Software is used or the use of any materials or software not provided by the Supplier.

14.Indemnity and liability
(a)The Supplier warrants that it has the right to grant the Licence to the Customer.
(b)Subject to subclause (c), the Supplier shall indemnify and hold harmless the Customer against any claim made against the Customer by a third party alleging that the Software infringes the copyright of that third party.
(c)The Supplier shall not be liable to the Customer under subclause (a) or (b) if:
(i)the Customer does not notify the Supplier of the other person’s claim or of infringement of copyright within five (5) Business Days after becoming aware of the claim;
(ii)the Supplier’s ability to defend the claim has been prejudiced by the Customer’s non-compliance with any of its obligations under this agreement;
(iii)the Customer does not give the Supplier reasonable assistance in defending the claim;
(iv)the claim has arisen because of the use of the Software in combination with equipment, materials or computer programs not supplied or approved by the Supplier;
(v)the claim has arisen because of a breach of the Customer’s obligations under this agreement; or
(vi)the Customer does not permit the Supplier to have control of the defence of the claim and all related settlement negotiations.
(d)Except in relation to liability for personal injury (including sickness and death), property damage or an infringement of confidentiality or Intellectual Property Rights, the liability of the Supplier in damages (including special, indirect or consequential damages, which damages will be deemed to include loss or revenue, loss or profit and opportunity loss) in respect of any act or omission of the Supplier in connection with its obligations under this agreement will not exceed the Licence Fee or any other amount paid by the Customer to the Supplier specified in the Schedule, even if the Supplier has been advised by the Customer as to the possibility of such losses being incurred.
(e)In respect of any claim between the parties under or in connection with this agreement, the parties agree that to the maximum extent permitted by law, the operation of Part 4 of the Civil Liabilities Act 2002 (NSW) or of any laws having a similar effect in the Commonwealth and other states and territories of Australia with respect to proportionate liability, are excluded and have no application or effect.
(f)For the further extent permitted by law, the Supplier excludes all liability in respect of loss of data, interruption of business or any consequential or incidental loss or damages.

15.Termination
(a)The Supplier may terminate this agreement in its absolute discretion at any time by giving written notice to the Customer.
(b)For the purpose of this agreement, each of the following is a Terminating Event:
(i)the breach or threatened breach by either party of any of its material obligations under this agreement which is not remediable or if capable of remedy, where the other party fails to remedy within ten (10) Business Days of written notice;
(ii)the appointment of any type of insolvency administrator in respect of the property or affairs of either party;
(iii)the party becomes insolvent;
(iv)the party becomes subject of a bankruptcy, receivership or similar proceeding; or
(v)the entry or proposed entry by either party into any scheme, composition or arrangement with any of its creditors.
(c)This agreement may be terminated immediately on the happening of a Terminating Event at the option of the affected party.
(d)If the Terminating Event is one specified in subclause (a), the affected party must give to the other party notice of the happening of that event and require the breach to be remedied or a written undertaking to be given that the breach will not occur, as the case may be. If the breach is not remedied or the undertaking not given (as the case may be) within ten (10) Business Days the affected party may agree to waive its rights under this clause if satisfied that the happening of the Terminating Event has not in any way prejudiced its position under this agreement.
(e)Neither party shall be liable for the consequences of an occurrence of any event beyond its reasonable control.
(f)Immediately upon termination of this agreement after a Terminating Event specified in subclause (a) occurs, the Customer shall immediately destroy any downloaded copies of manuals or guides, revisions, enhancements and up-grades.
(g)Any termination of this agreement shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of this agreement which is expressly or by implication intended to continue in force after such termination.
(h)The Customer may terminate this agreement by providing the Supplier with not less than one (1) months (30days) written notice any time. Monthly fees are not refunded. If the Customer has paid annually then a 90day (3mths) penalty is incurred and charged and a refund is given of the balance owing to the Customer less this penalty fee.

16.Confidentiality
(a)A party will not disclose the other party’s Confidential Information.
(b)A party will not be in breach of subclause (a) in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
(c)Each party will take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this agreement, do not make public or disclose the other party’s Confidential Information.
(d)Notwithstanding any other provision of this clause, a party may disclose the terms of this agreement (other than Confidential Information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants.
(e)This clause will survive the termination of this agreement.

17.Privacy
(a)The Supplier will not use or disclose any Personal Information for a purpose other than discharging its obligations under this agreement. The Supplier further agrees to comply at all times with the Australian Privacy Principles contained in Sch 3 to the Privacy Act 1988 (Cth) (or an applicable privacy code approved by the Federal Privacy Commissioner pursuant to that Act) in the same way and to the same extent as the Customer would have been required to comply had it been directly responsible for performing the act or practice concerned. The Supplier will take all necessary steps to protect Personal Information in its possession against misuse or loss and it will return all such information to the Customer (or if requested by the Customer, destroy or de-identify such information) upon termination or expiry of this agreement. This clause will survive the termination or expiry of this agreement.
(b)For the purpose of this clause, Personal Information means information or an opinion about an individual as defined in S6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by the Supplier for the purposes of this agreement.

18.Customer Data
(a)The Supplier accepts no liability for the content of Customer Data.
(b)The Customer is responsible for the accuracy, quality and legality of Customer Data and the users that create, access and/or use Customer Data.
(c)The Supplier shall be authorised to permanently delete Customer Data where the Licence Fee remain unpaid after 90 days.
(d)The Customer may access, use and modify the Customer Data on the Software only as outlined in the Manual of Specifications.
(e)The Supplier bears no responsibility for Customer Data and it is the Customer’s sole responsibility to ensure that it has backups and/or redundant access to the Customer Data.
(f)The Supplier will take all reasonable steps to ensure that data transmission occurs to general industry standards. It is up to the Customer to ensure that data transmission standards meet the Customer’s operating and legal requirements.
(g)The Supplier is not liable in any way for any breaches, viruses, corruption or unauthorised use of Customer data.
(h)Data stored with the Supplier will be stored under general industry standards.
(i)The Supplier does not warrant to keep backups or recover specific Customer data.
(j)The Supplier does not sell or distribute Customer data or personal details to third parties without the express written permission of the Customer.

19.GST – Australia
(a)Words defined in the GST Law have the same meaning in this clause, unless the context makes it clear that a different meaning is intended.
(b)In addition to paying the Licence Fee and any other amount payable or in connection with this agreement (which is exclusive of GST), the Customer will:
(i)pay to the Supplier an amount equal to any GST payable from any supply by the Supplier in respect of which the Licence Fee or any other amount is payable under this agreement; and
(ii)make such payment either on the date when the Licence Fee is due or within 7 days after the Customer is issued with a tax invoice, whichever is the later.
(c)The Supplier must, within 28 days of request from the Customer, issue a tax invoice (or an adjustment note) to the Customer for any supply under or in connection with this agreement.
(d)The Supplier will promptly create an adjustment note for (and apply to the Commissioner of Taxation for) a refund, and refund to the Customer, any overpayment by the Customer for GST but the Supplier need not refund to the Customer any amount for GST paid to the Commissioner of Taxation unless the Supplier has received a refund or credit for that amount where required.

20.General
(a)Entire agreement
This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Software. No addition to or modification of any provision of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of the party. Any adjustments are by way of added addendum to the original agreement as agreed in writing by both parties.
(b)Notices
All notices which are required to be given under this agreement must be in writing and must be sent to the address of the recipient set out in the Schedule or such other address as the recipient may designate by notice given in accordance with this clause. Any notice may be delivered by hand or by prepaid letter or email. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (except by prepaid letter) or when on transmission by the sender (if sent by facsimile) or (if sent by email and unless agreed otherwise), when the email enters the recipient’s mail server.
(c)Assignment
Neither party shall assign, whether in whole or part, the benefit of this agreement or any rights or obligations hereunder, without the prior written consent of the other party.
(d)Governing law
This agreement shall be governed by and construed in accordance with the laws for the time being in force in NSW Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that NSW Australia.
(e)Waiver
No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
(f)Variation
No variation of this agreement will be effective unless in writing and signed by both parties.
(g)Severability
Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
(h)Dispute resolution
Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators and Mediators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner.

21.Warranties, Disclaimer and Remedies 
(a)Use of the Services and any reliance by you upon the Services, including any action taken by you because of such use or reliance, is at your sole risk to the maximum extent permitted by law. Keylog Pty. Ltd. does not warrant that the services will be uninterrupted, accurate or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. The services are provided “as is” and to the extent permitted by law, Keylog Pty. Ltd. disclaims all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b)Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Keylog Pty. Ltd. to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for Keylog Pty. Ltd. to either (at its discretion) perform the Services again or provide you with a refund for the amount you actually paid to Keylog Pty. Ltd. for the relevant Services.

22.Limitation of Liability 
(a)To the maximum extent permitted by law, under no circumstances shall Keylog Pty. Ltd. or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to for purposes of this section and following sections as Keylog) be liable to you or any other person for any loss or damage (including but not limited to direct, indirect, exemplary, special, incidental, cover, reliance or consequential damages, loss of profits or revenue, business interruption, loss of data, or failure to realise anticipated savings or benefits or business opportunities), or for any claim by any other party.
(b)Keylog’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Keylog has been notified of the possibility of such loss or damage.
(c)You agree that Keylog’s liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.
(d)In the event that, notwithstanding the foregoing, Keylog is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), (product liability or otherwise), to the fullest extent permitted by law the liability of Keylog to you will be limited to:
(i)In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;
(ii)In the case of services, the supplying of the services again or the payment of the cost of having the services supplied again or refund of fees actually paid for the services.

23.Export of Services or Technical Data 
You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia and all other applicable countries.

24.Miscellaneous 
(a)If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
(b)Keylog and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
(c)No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Keylog in any respect whatsoever.
(d)In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
(e)The Agreement shall be governed by the laws of the State of NSW Australia without regard to its choice or law or conflict of Laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.
(f)The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded from this Agreement.

25.System Requirements 
It is understood that in order to use the Services, a modern browser such as Internet Explorer 10+, Firefox 3+, Safari 3+ or Google Chrome 9+ are required. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above.

26.Compliance rules for sending Electronic Communications 
All Suppliers customers must follow the rules of the Australian Spam Act 2003 (Cth) (and equivalent anti-spam legislation in all applicable countries) as amended, updated or repealed, when sending Electronic Communications through the Services. We require the following (among other things) of all Electronic Communications sent through the Services:
(a)All Electronic Communications must contain an opt-out mechanism that allows subscribers to remove themselves from your list. Each such mechanism must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Keylog. You acknowledge and agree that you will not remove, disable or attempt to remove or disable the mechanism.

(b)All Electronic Communications must contain contact information of the sender or the entity on whose behalf the SMS Message was sent, such as that entity’s address or phone number.

(c)All Electronic Communications must be compliant with any disclosure requirements that apply to the sender (e.g., some countries’ laws require that business letters, including SMS, contain further identification details as to the form of the organization, the place of incorporation, the names of executives etc.)
These 3 guidelines will help ensure that the Supplier maintains its reputation and whitelisting status with a number of major global telco’s. If at any time your campaign is flagged as spam by a recipient, the Supplier reserves the right to cancel your SMS Facility. For further information in relation to spam, please read our Anti-Spam Policy (which forms part of this Agreement, including your spam indemnity).

27.Electronic Communications and Permission Practices 
(a)You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Keylog if you have questions).
(b)You are responsible for monitoring, correcting, processing unsubscribe requests within 5 days, and updating the details to which messages are sent. You agree to contact the Supplier on info@keylog.com.au or info@logitout.com if any advice on this matter is required.
(c)Electronic Communications that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your campaigns do not generate a number of abuse complaints in excess of industry norms. Keylog, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.
(d)The Supplier, at its own discretion, may immediately disable your access to the Services without refund if the Supplier believes in its sole discretion that you have violated any of the permission practices listed above.

28.Use of the Services 
You will not violate or attempt to violate the security of our website or the Services. You will not hack into the website, the Suppliers computer systems or the computer systems of other users of the Services. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

29.Website and Services availability 
From time to time down-time, either scheduled or unscheduled, may occur. The Supplier will work within reason to ensure this amount of down-time is limited. The Supplier will not be held liable for the consequences of any down-time.
The Supplier cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release to the Supplier entirely of all responsibility for any consequences of its use.

30.Force Majeure 
The Supplier will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Keylog Pty. Ltd. reasonable control.

31.Overseas Access 
The Services may be accessed throughout Australia only. The Supplier makes no representations that the Services comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
If you have any questions about our Terms of service, please contact us at info@keylog.com.au or info@logitout.com

Shipping prices will vary depending on the weight
of your order. An updated quote will be provided once your order form has been
submitted to Logitout.

Domestic Orders
All domestic orders within Australia are sent via
standard shipping and are tracked. Please contact us at accountservices@logitout.com if
you wish to have your order express posted.

International Orders
All international orders outside of Australia are
sent via standard shipping and are not tracked. Please contact us at accountservices@logitout.com if
you wish to have your order express posted or would like it to be tracked.

Logitout is not liable for lost post, packages
sent to incorrectly provided addresses, or any other fault carried out by the
carrier. Similarly, Logitout is not liable for any delay in the shipping
process caused by the carrier or local customs offices. Refunds or replacement
of goods will unfortunately not be provided in such circumstances unless
otherwise stated.

Please contact us at accountservices@logitout.com with
any queries.