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LOGO & GRAPHICS

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TERMS AND CONDITIONS OF SERVICES OF You1st GLOBAL SOLUTIONS

The payment of a deposit and/or the use or continued use of You1st Global Solutions’ services signifies acceptance of these terms and conditions.

Delivery of Service:
You1st Global Solutions is agreeing to complete the work as described in any Ballpark Quote and/or Scope of Work and/or Technical Addendum and/or Ad hoc quote that may be provided to you. Please refer to those documents to understand the product you are purchasing and to ensure that it suits your needs. You should also refer to the examples that You1st Global Solutions has provided to you of other sites that You1st Global Solutions has designed which fall within your budget level so that you fully understand the product that you will be receiving. It is your responsibility to ensure you are aware of and are familiar with the full specifications and functionality of the product that you are purchasing and accordingly you are responsible for ensuring that you obtain from You1st Global Solutions any of the above referred to documents that are necessary for you to understand these matters.
You must understand the functionality of the product that you are purchasing as changes to the standard functionality may incur additional costs.

Client Responsibilities and Obligations:
You must follow all instructions provided by You1st Global Solutions and provide to You1st Global Solutions, in a timely manner, all information and materials requested by You1st Global Solutions.
All content must be provided in the format specified by You1st Global Solutions. Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.
The instructions provided by You1st Global Solutions as to information and materials that you are to supply are designed to ensure your site is completed on time and within the specifications agreed upon. Noncompliance with these instructions will cause delays in delivery of your product and may result in you incurring additional costs.
At times You1st Global Solutions may request domain name and hosting information from you. Once this information is received by You1st Global Solutions, You1st Global Solutions may re-delegate the domain name so that it points at You1st Global Solutions’ servers or replace or delete files on your hosting account as needed in order to complete your project. You authorise You1st Global Solutions to undertake these steps. Such activities may cause disruptions to your existing website, email and other services. If you have any special instructions or requirements regarding this, please advise You1st Global Solutions immediately.
You1st Global Solutions will request feedback and changes at certain stages of undertaking the
process of building your site. These changes must be provided in the format required by You1st Global Solutions and sent to You1st Global Solutions in only one email. Sending excessive or multiple emails may cause detail to be missed and may result in you incurring additional charges.

Once your site is handed over to you, any further work or changes will result in you incurring additional costs. It is your responsibility to check that the site is to your satisfaction prior to handover. Once the website is live you must check its functionality (e.g checkout and payment processes, etc..), this ensures your visitor's site experience the way you intended to be.

If you are expecting any large spikes in your web traffic, you must inform You1st Global Solutions as soon as possible so that You1st Global Solutions can assess any potential impact on its infrastructure and other clients. Any conduct that endangers the web hosting services provided by You1st Global Solutions to other clients will result in your site being suspended. This includes, but is not limited to, undertaking activities such as mass mail outs which can cause disruption to You1st Global Solutions’ server.

Project Non Completion:
You acknowledge that, in the event that You1st Global Solutions cannot complete the development of your site due to difficulties in executing the proposed services (which may be due to either project issues or client difficulties) then You1st Global Solutions may, by written notice to you, terminate its agreement with you, at which time You1st Global Solutions shall, at their sole discretion, either refund to you any monies paid by you or shall provide to you any work completed by You1st Global Solutions and paid for by you.

Intellectual Property Rights:
You warrant to You1st Global Solutions that any and all information and material provided to You1st Global Solutions by you or by any one on your behalf does not infringe the copyright or other intellectual property rights of any third party and you indemnify You1st Global Solutions against any action taken against You1st Global Solutions by any such third party.

You accept responsibility for all information and material provided to You1st Global Solutions or uploaded to your site by You1st Global Solutions or yourself, and you indemnify You1st Global Solutions against any liability in relation thereto. Specifically, you undertake that you will not publish,
distribute or issue any information that is illegal or offensive, including copyrighted materials.

Breach or alleged breach of a third party’s intellectual property rights or other rights may result in your site being suspended.

You1st Global Solutions reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

All intellectual property rights (including rights in relation to patents, trademarks, moral rights, service marks, rights in design, database rights, application for any of these rights, copyright, trade or business names or other similar rights or obligations whether they are able to be registered or not in any country) in respect of any proprietary software owned or used by You1st Global Solutions in the creation of your site or which are created (either now or in the future) by You1st Global Solutions, or which result from the engagement of You1st Global Solutions to create your site shall remain the property of You1st Global Solutions. This includes specifically all copyright in any design, code or document created or any discoveries made in the course of the creation of your site, which shall, upon creation, vest in and be the exclusive right and property of You1st Global Solutions. Upon payment in full of all monies, you shall be granted a license to use all such intellectual property. However you acknowledge that the license does not constitute an assignment of any such intellectual property rights in any proprietary software either owned or used by You1st Global Solutions.

Project Timelines:
You1st Global Solutions estimates that your site can be created in under 28 days, unless otherwise specified prior to commencing the project.

The above time frame is an estimation only and projects can be delayed by a number of factors including (but not limited to) non-compliance by you with the instructions to or requests from You1st Global Solutions, incorrect content being supplied to You1st Global Solutions and You1st Global Solutions being unable to contact you for prolonged periods of time. You must ensure that You1st Global Solutions have accurate contact details for you.

You must make every effort to follow the instructions provided by You1st Global Solutions and provide the required information to You1st Global Solutions in order to facilitate delivery times and
correct specifications.

Delays in providing the required information to You1st Global Solutions may result in delays in product delivery and also may result in you incurring additional charges for administration time.

You1st Global Solutions will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

In order to enable You1st Global Solutions to complete your project within a reasonable time frame, You1st Global Solutions may move your site to the next stage of development in circumstances where:

You1st Global Solutions does not receive any feedback or changes from you within 14 days of such items being requested; or
You1st Global Solutions does not receive your content within 14 days of it being requested.
You1st Global Solutions, in its sole discretion, reserves the right to develop your site without first receiving your progress payment in the event that You1st Global Solutions does not receive your content within 14 days of having requested it. If You1st Global Solutions elects to build your site without first receiving content from you, standard template content will be used which can be changed by yourself using the Content Management System once the site is handed over to you.

In the event that You1st Global Solutions does not receive any final changes to be made to the site from you within 14 days of having requested such details from you, then You1st Global Solutions reserves the right to hand over your site to you, at which time your final payment will become immediately due and payable.

Content, Design and Package Restrictions:

Each package or product has certain design and functionality restrictions. It is your responsibility to understand these restrictions prior to commencing any project. You should discuss any queries you may have with your consultant and also refer to the examples You1st Global Solutions has provided to you which fall within your budget range, and refer to any documentation that You1st Global Solutions has provided to you.

During various stages of the design process You1st Global Solutions will request from you certain information and content. You should ensure that the information and content that you provide to You1st Global Solutions is correct and is your final version. You1st Global Solutions cannot accept any revised content once you have submitted your content. Any revisions to content may result in you incurring additional costs.

Where “pages” of content are specified, a “Page” consists of up to 1 A4 page of text and up to 5 images. If you require more content than this on any one page, you should advise You1st Global Solutions accordingly so that You1st Global Solutions can provide you with a quote for the extra content.

Where a gallery of images is used, up to 20 images can be entered by You1st Global Solutions for you. Additional images may incur additional costs. You should note that a gallery counts as 1 page.

When You1st Global Solutions provide you with design layouts for approval, these design layouts represent the suggested design for the home page of the site. You must understand that the inner pages of the site will follow a simpler design as there is more information to be presented. You should ensure that you ask your consultant for more information if you are unclear on this.

You1st Global Solutions uses the content in the form that is provided to You1st Global Solutions by you and does not conduct spelling or grammar checks. You1st Global Solutions will not write your content for you unless you have requested that this be provided as a separate service which will incur additional costs. You are solely responsible for the content of the site and accordingly You1st Global Solutions will treat the submitted content as the final version of that content. If you find you have errors in your submitted content, you are able to change your content through the Content Management System if there is one attached to your site.

You1st Global Solutions include a set number of rounds of changes during its site production process. The standard number of rounds of changes is 3. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process. You1st Global Solutions accepts no responsibility for ensuring that such changes are error free.

Changes must be submitted in one email. One email of changes (within the scope of the project) is considered one round of changes. In the event that You1st Global Solutions makes any mistakes or omissions in implementing the changes that you have requested, You1st Global Solutions will rectify this at its own expense.

Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.

You1st Global Solutions may include a link to its own website at the footer of your site and, where such link is so included, you must not take any steps to remove this link. You1st Global Solutions reserves the right to change any such links from time to time.

Testing:

You are expected to test fully any application or programming relating to the site developed by You1st Global Solutions for you before making such site generally available for use. Where “bugs”, errors or other issues are found after the site is live, You1st Global Solutions shall endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in these terms and conditions.

Fees and Payment Terms:

The total cost of your project and any fees are charged in AUD and are set out in the quote provided to you by You1st Global Solutions, the scope of work and any ad hoc quotes that may be provided to you by You1st Global Solutions from time to time. Details regarding costs can also be obtained from your sales consultant by request. You must ensure that you are aware of any costs and ongoing fees before you elect to proceed.

Any monthly fees attached to your project must be paid in full in order to ensure your service continuity. Your site may be suspended or discontinued if your fees fall overdue outside of You1st Global Solutions payment terms.

Your initial website consultations are included in your quoted project cost and form part of your deposit. If you do not decide to proceed with You1st Global Solutions, you will not be liable for this cost.

You1st Global Solutions’ standard payment terms for any project are as follows:–

50% of the total project cost will be required as an upfront deposit in order to get your project started. This also includes the cost of your initial website consultations.
A progress payment equal to 40% of the total project cost must be made 28 days after your project start date or once you have approved your design layout and have provided the content for your site, whichever occurs first.
The balance of the total project costs shall be payable 56 days after your project start date and prior to You1st Global Solutions making the site live.
You1st Global Solutions requires final payment and direct debit forms to be provided in respect of any ongoing fees and such forms are to be returned to You1st Global Solutions before You1st Global Solutions will make your site live. Your final balance payment and direct debit form must be returned to You1st Global Solutions upon completion of your site (before going live) or within 56 days from the date that your initial deposit was made – whichever occurs first.

Content Management System fees and other monthly fees are to be paid by way of monthly direct debit. Your monthly fees will start on the day which is 56 days after the date on which you have paid the upfront deposit.

Please note that a Direct Debit Dishonour Fee of $15 applies to your account whenever a direct debit transaction is dishonoured.

Any extras requested during the process shall be added to the total project costs and will be payable at the stages outlined above. Please note that extras outside your package specifications will incur
additional charges which You1st Global Solutions will inform you of before proceeding.

If you require You1st Global Solutions to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with You1st Global Solutions’ standard prices as quoted. All work must be paid for upfront and will be quoted for on request.

If You1st Global Solutions has difficulties contacting you for prolonged periods of time or does not receive required feedback of information from you, you may incur additional charges and delays in delivery of your project. If you are un-contactable for more than 14 days, You1st Global Solutions may suspend your project indefinitely or end your project without further notice to you. If your project is suspended or ended, then your final payment will be due and payable immediately to You1st Global Solutions. To resume your project you will need to pay a $97 re-instatement fee and the decision regarding whether the project will be resumed shall rest solely with You1st Global Solutions.

If you wish to take your site and host elsewhere, you still need to pay You1st Global Solutions the monthly service fee or pay a release fee of $300 in order to waive your monthly fees. Please discuss this with your consultant should you be unclear as to this.

You can apply to You1st Global Solutions to have your project on hold if your circumstances change, in which case you may be required to make the next payment due and then the project will be placed on hold for a period determined by You1st Global Solutions. Applications will be assessed on individual merits and if approved will be for a finite period determined by You1st Global Solutions. You will not be charged any additional costs to resume your project in these circumstances.

Please note that paying the deposit on any project shall signify your agreement and commitment to complete the project with You1st Global Solutions and your agreement to make full payment to You1st Global Solutions. Payment in full of the total project costs will be required in the event that you do not wish to proceed with your project after such time as you have paid your deposit and you are outside the refund period.

You shall remain liable for all fees incurred by You1st Global Solutions during any period when your site has been suspended or discontinued due to your failure to comply with these terms and
conditions. In addition, you must pay all costs in full without any offset, counter claim or deduction unless first agreed to in writing by You1st Global Solutions.

Please note that interest at the rate of 10% of your site build contract shall be charged on any amounts outstanding in excess of You1st Global Solutions payment terms from time to time. Additionally if your site is not live and your direct debit form remains unreturned to You1st Global Solutions 60 days after handover has occurred, a release fee of $300 will be charged to hand over all your site files which are then deleted from the You1st Global Solutions server.

If accounts are not settled and You1st Global Solutions has not been contacted regarding the delay, access to your site may be denied and the web page may be removed.

Annual Administration Fee:

A small administration fee of $100 Inc. GST will be charged over the course of the year which will be broken into 2 separate payments of $50 Inc. GST.

The fee covers the multiple services offered by our online development team via phone and email.

The fee will be deducted automatically from your direct debit account during the months of June and December for 6 months in advance (i.e – fee in December will cover period between January to June, fee in June will cover the period between July to December).

This annual administration fee is non-refundable in any circumstance.

Refunds:

Refunds shall only be provided for your project within 24 hours of payment of your deposit on the condition that you have not returned any of the required information to You1st Global Solutions and on the condition that You1st Global Solutions has not commenced any work on your project.

An administration fee of $97 + GST will apply to all refunds.

Automatic Renewal of Domain Names:

In the event that you have elected to pay for services provided by You1st Global Solutions by way of direct debit, then any domain names registered for you by You1st Global Solutions shall be automatically renewed by the due date for renewal and the cost of such domain name renewal shall be added to the direct debit payment for that month.

Contacting You1st Global Solutions:

When contacting You1st Global Solutions, you must use the email address and phone number provided to you and you must always ask for the person you wish to speak to directly. To reduce your costs, You1st Global Solutions use an outsourced call centre. The call centre is based in Australia and relays the messages to You1st Global Solutions instantly. You should inform the call centre of who you wish to speak to when asked so that your message gets to the right person the first time and so that there are no delays in passing on your message. You1st Global Solutions personnel will return all calls during business hours.

In addition to the costs incurred in delivering the project to you, You1st Global Solutions will also charge you for office services charges such as for emails and telephone calls (which are charged at the rate of $5.00 per email/telephone call, regardless of duration, for any emails and/or telephone calls that are in excess of three in any one week period).

Warranty:

You1st Global Solutions provides a 60 day warranty on all of its work. However, if you have made changes to your site using the Content Management System, you may incur additional costs to resolve any issues that arise due to those changes.

Browser Compatibility:

You1st Global Solutions will make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Google Chrome and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems.

Changes made to the site through the CMS, in some cases, can cause browser related issues. If this happens, You1st Global Solutions may need to charge additional fees to rectify these issues.

Limitation of Liability:

Whilst every endeavour will be made to ensure that the site is free of errors, You1st Global Solutions cannot accept responsibility for any losses or damages (including consequential loss or damage, loss of business, loss of income, loss of information or business interruption) incurred due to malfunction or due to the construction or operation of the site or any part of it. Further, You1st Global Solutions will accept no responsibility for liability for any down time, loss of income or loss of your use of the site which may occur as a result of the site being affected by computer hacking, computer viruses, malware or spyware. If your site is so affected, You1st Global Solutions may, at its sole discretion, assist you with remedying such affliction; however in doing so, You1st Global Solutions accepts no responsibility or liability in this respect.

In addition, You1st Global Solutions accepts no liability whatsoever for any damages or costs (including consequential damages or losses) incurred as a direct or indirect result of using You1st Global Solutions’ services or services of You1st Global Solutions’ related companies or businesses (howsoever caused, whether by negligence or otherwise) or incurred by you directly or indirectly as a result of your use of any open source or third party proprietary software. You1st Global Solutions does not provide any guarantee that any such open source or third party proprietary software will be fit for the purpose or function as required by you.

If You1st Global Solutions suspends your site for any breach of these terms of service or any other reason whatsoever, You1st Global Solutions shall not be liable for any loss of income or costs incurred by you, including any consequential loss or damage suffered by you.

It is your responsibility to ensure you are aware of renewal dates of domain names and other services. You1st Global Solutions takes no responsibility for loss of domain names or other services due to non-renewal, whether notification is sent to you or not. Please contact You1st Global Solutions if you do not know the renewal dates of your services.

All terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision of services by You1st Global Solutions not contained in these terms and conditions are excluded.
Except as required by statute, all express and implied conditions and warranties in relation to the services provided are hereby excluded and You1st Global Solutions’ liability hereunder (if any) shall be limited at You1st Global Solutions’ discretion to the replacement of the services, the supply of the equivalent services or to the value of the services supplied by You1st Global Solutions. You acknowledge that the limitation of liability in this clause is fair and reasonable.

Indemnification:

You acknowledge and agree that you are using all services and facilities provided by You1st Global Solutions at your own risk and you agree to defend, indemnify, save and hold You1st Global Solutions harmless from any and all demands, liabilities, costs, losses and claims, howsoever suffered, including but not limited to legal fees incurred by You1st Global Solutions that may arise directly or indirectly from any service provided or agreed to be provided by You1st Global Solutions to you or any product or service offered or sold by you to your clients. You agree that this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

You also agree to defend, indemnify and hold harmless You1st Global Solutions against any liabilities arising out of injury to any person or property of any person caused by any service provided or agreed to be provided by You1st Global Solutions or any product or service offered or sold by you to your clients, including but not limited to, infringement of intellectual property rights, infringement of proprietary rights, misinformation, delivery of defective products or services which are harmful to any person, business, company or organisation and in respect of any defamatory comments or materials contained on your site.

Non-Disclosure:

You1st Global Solutions agrees that, except if directed by you, You1st Global Solutions will not, at any time during or after the term of its engagement, disclose any confidential information belonging to you. Likewise, you agree that you will not convey any confidential information about You1st Global Solutions to any other party, including but not limited to, using any documentation provided to you by You1st Global Solutions or using any of You1st Global Solutions’ processes related to the delivery of your service.

Software:

In the course of building your site You1st Global Solutions may use various open source software and also third party proprietary software. Each piece of software has its own processes, functionality and works in its own way. The standard functionality can often be changed, but unless otherwise stated, changes to this functionality are not included in your purchase price.

You1st Global Solutions does not provide any warranty in respect of the functionality of such open source or third party proprietary software and You1st Global Solutions does not provide any guarantee that such software will be fit for the purpose or function as required by you.

Acceptable Use:

All users of You1st Global Solutions’ services must adhere to all policies set out in these terms and conditions as well as any other policies issued by You1st Global Solutions and notified to you from time to time.

The services of You1st Global Solutions must only be used for lawful purposes. You cannot use any of the services of You1st Global Solutions to store, transmit, modify, publish, transfer or sell, reproduce, create derivative works from, perform, display, or in any way exploit or distribute any material in any way that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or any material that is obscene, threatening, abusive, hateful, libelous, defamatory, pornographic, harassing or threatening or in violation of any law, or is in any other way objectionable.

You1st Global Solutions reserves the right to suspend any services if, in its sole discretion, it deems any activities you are undertaking to be putting its reputation, services or other clients at risk. In addition, You1st Global Solutions reserves the right to refuse to deal in any way with material which may be deemed offensive, illegal or in any way controversial and also to terminate its hosting service should the necessity arise.

Server Uptime and Usage (Web Hosting):

You1st Global Solutions uses industry standard server hardware and software. You1st Global Solutions works to minimize any downtime and endeavors to provide an uninterrupted service at all times. Notwithstanding this, you acknowledge that the web hosting service of You1st Global Solutions relies on factors outside of its control and accordingly You1st Global Solutions does not accept any responsibility for any losses incurred for any down time.

Unless otherwise specified in writing, you are limited to 10 GB per month of bandwidth and 1 GB of disk space per website that you have hosted with us.

While You1st Global Solutions makes incremental and full scheduled backups of its servers, You1st Global Solutions does not guarantee that any lost data will be recovered. Additional charges may be incurred where you request You1st Global Solutions to attempt to make recoveries of lost data.

You acknowledge and agree that You1st Global Solutions may at any time vary the terms upon which it provides web hosting services by providing you with 30 days written notice.

Where applications or sites are developed on a server that is not operated by You1st Global Solutions, you are expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is your responsibility to provide a suitable testing environment which is identical to the final production development.

Suspension of Services:

You1st Global Solutions reserves the right to suspend/cancel any or all services provided to you, including all domain names if:–

You have any outstanding invoices or accounts;
Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;
You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by You1st Global Solutions;
There is evidence of fraudulent, illegal, defamatory or offensive activities or evidence of any other activity that is in breach of a third party’s rights;
You1st Global Solutions deems that your use of its service may jeopardize the operation of the service that You1st Global Solutions provides;
You1st Global Solutions’ service suffers any technical failure or if You1st Global Solutions must carry out maintenance;
You have used You1st Global Solutions’ service in a manner which violates any applicable laws or regulations;
You have used You1st Global Solutions’ service in a manner which interferes with or disrupts the usage of the service by other clients of You1st Global Solutions; or
You1st Global Solutions deems any other reason as satisfactory to protect You1st Global Solutions, its staff or other clients.
Reasonable notice of the suspension/cancellation of services will be given to you by You1st Global Solutions only where possible.

In the event that your account is suspended or canceled under these terms and conditions, you must pay all outstanding charges to You1st Global Solutions immediately.

Termination:

Either party may terminate the ongoing monthly service agreement for You1st Global Solutions to provide web hosting services by providing the other party with 30 days written notice of such
termination. If you wish to terminate the ongoing monthly service, then you must provide such written notice to You1st Global Solutions by faxing to You1st Global Solutions on (03) 9999-7933 the cancellation form which can be requested from You1st Global Solutions’ accounts department.

If you choose to terminate the agreement, then the balance of any fees owing to You1st Global Solutions, including in respect of any site project costs, monthly fees or any other fees that you may be liable for, shall become immediately due and payable.

You acknowledge that sites cannot be guaranteed to be 100% error free in construction and you acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate the agreement between you and You1st Global Solutions.

Recovery Costs:

In the event that You1st Global Solutions takes action to recover from you any amount outstanding, You1st Global Solutions shall be entitled to also recover from you, in addition to the amount unpaid and interest, its reasonable costs of the recovery action including, but not limited to legal costs and expenses (e.g. costs for company search, document printing, charges for registered post, lodgdment fee and transportation cost etc). The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by You1st Global Solutions for enforcement of obligations and recovery of monies due from the Customer to You1st Global Solutions.

Force Majeure:

You1st Global Solutions may experience outages beyond its control caused by reason of failure of hosting services provided to third parties upon which You1st Global Solutions relies to provide its services, act of God, or the consequence thereof including, but not limited to fire, flood, typhoon, earthquakes or by reason of riots, wars, invasions, acts of hostilities, civil wars, rebellion, terrorist activities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting or other causes beyond You1st Global Solutions’ control. You agree to release You1st Global Solutions from any claim or potential claim with respect to outages and any loss or damage suffered by you or any third party.

Variation:

These terms and conditions may be varied or updated from time to time by You1st Global Solutions.

Governing Law and Jurisdiction:

These terms and conditions are governed by the law of the State of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Victoria.

Severability:

If any provision of these terms and conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

Waiver:

The failure, delay, relaxation or indulgence on the part of You1st Global Solutions in exercising any power or right conferred upon You1st Global Solutions by these terms and conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these terms and conditions.

No Assignment:

You may not assign or transfer your rights or obligations under these terms and conditions without the prior consent in writing of You1st Global Solutions.

No Adverse Construction:

These terms and conditions are not to be construed to the disadvantage of You1st Global Solutions because You1st Global Solutions was responsible for its preparation.

Non-Disparagement:

You must not make, disclose or publish orally or in writing any statement or comment which may defame or disparage You1st Global Solutions or any of its employees or its business. This obligation survives the termination of the engagement of You1st Global Solutions.

PRIVACY POLICY
We understand the importance of your privacy and we are committed to protecting any personal information we hold about you. This is our Privacy Policy which explains what personal information we collect from you and how we manage that information. Our Privacy Policy covers Ashmark Investments Pty Ltd t/as YOU1st Global Solutions(ABN 69 123 978 725) and all its related entities.

The personal information we collect from you
We will collect personal information directly from you including your name, postal address, email address, telephone number, *date of birth* and your areas of interest. We collect this information so that we can deliver our services and products to you as efficiently as possible.

We collect this personal information when you visit our website and fill out a form, contact us by telephone or email or consult us in person.

Any personal information we obtain from you is stored in different ways, including paper and electronic form.

We have measures in place to make sure your personal information is safe such as policies and security measures. Only You1st Global Solutions employees, sub-contractors or agents may, for
approved purposes, access your personal information.

When we receive personal information from you, we will take reasonable steps to notify you of how and why we collected your information, who we may disclose it to and how you may access it, correct it or make a complaint.

We will not store your personal information with a 3rd party storage provider either in Australia or overseas, will not collect information arising from your cookies and will not collect information on your website traffic data.

We may collect information from 3rd parties through our phone messaging service company
Using your personal information

We use your personal information to:

provide you with information that you have requested
provide you with our products and services
improve our products and services
promote our products and services
Sharing your personal information

We will not disclose your personal information to any third parties without your consent, unless we must do this by law or to the extent we use third parties to “capture or manage” your personal information on our behalf.

We may disclose your personal information to our related entities for purposes related to why we collected it, including promoting their products and services.

For the purposes of this policy related entitles include without limitation The Executive Australia, Multimedia Wholesale, Return My Investment, Hit Me Please, Clicks Clicks, and Drew Doolan.

Accessing your personal information

If you want to access any personal information we have about you, email us at info@you1st.com.au. When making a request, you should specify the type/s of information you want to access. If your request for access is refused, we will give you a written reason for this. We will try and process your request as quickly as possible but may charge you a fee for doing so.

Changing your personal information

If the personal information we hold about you is wrong or needs to be changed, please email us at info@you1st.com.au and we will take reasonable steps to ensure your personal information is corrected.

Complaints

To complain about a breach of the Australian Privacy Principles, you can contact us by emailing info@you1st.com.au or write to us at Level 1, 20 Otter Street , Collingwood 3066. We will review your complaint and respond to you promptly in writing.

If not satisfied with our response, you can contact the Office of the Australian Information Commissioner.

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