Terms of Use

The following terms (the "WAM Terms") apply to your use of the WebCentral Application Marketplace.

Procedure

1. Use of the WAM is only available to persons who currently host their application on a WebCentral dedicated platform (i.e. 10secondserver, Network & Hardware managed server or Managed Application Server) and who have agreed to these WAM Terms.
2. Prior to having your applications/services listed on the WAM, you must complete a WAM SaaS Partner Application Form, have your application/service approved by WebCentral and pay the current WAM fees.
3. WebCentral reserves the right to reject any WAM SaaS Partner Application Form that it deems, in its sole discretion, is incomplete, incorrect, unsuitable or misleading.
4. For the duration that your applications/services are listed on the WAM, you grant WebCentral a transferable royalty-free license to use the logos, trademarks, text and other data provided by you for the purposes of the listing of your applications/services on the WAM.

SaaS Partner Obligations

1. All content regarding any applications/services on the WAM must be in the style, size and format approved by WebCentral.
2. You must create a landing page on your website for the WAM. The landing page must display the WAM Logo in accordance with the WAM Logo Terms, which are set out below these WAM Terms.
3. The applications/services you have listed on the WAM and any information contained on your landing page must not disparage or defame WebCentral or any other applications/services or entity listed on WebCentral Marketplace.
4. You must not use the WAM to sell or promote anything which is against any Australian State or Federal laws.
5. All statements and terms regarding the applications/services you have listed on the WAM must comply with the Trade Practices Act (Cth) and all Australian State Fair Trading laws and any other applicable laws.
6. All prices quoted for any applications/services you have listed on the WAM must be quoted in Australian dollars and be inclusive of any applicable GST.
7. WebCentral will not have any involvement in the payment/transaction process and no part of any payment/transaction processes will occur on the WAM. All payment/transaction processes must occur on your own website or a 3rd party website re-directed by your website.
8. If you perform any online payment/transaction processes in relation to the applications/services you have listed on the WAM, you must comply, at your cost, with the Payment Card Industry Data Security Standard as required under clause 4 of WebCentral's Standard Terms and Conditions (located at http://www.webcentral.com.au/terms).
9. You accept full responsibility for all online payment/transactions in relation to the applications/ services you have listed on the WAM, made with or without credit and/or debit cards.

Warranties and Indemnities

1. WebCentral provides the WAM as an 'as-is' service and without any warranty of any kind, whether express or implied, including that WebCentral Marketplace will meet your requirements or perform to a certain standard.
2. You indemnify WebCentral (and its employees, officers and agents) against any liability in relation to all transactions arising from the applications/services you have listed on the WAM.
3. You are responsible for and indemnify WebCentral in respect of all legal obligations to end-users of the applications/services you have listed on the WAM under any legislation, including without limitation the Privacy Act (Cth).
4. You warrant that you are authorised or permitted to use all intellectual property used by you or the applications/services you have listed on the WAM and indemnify WebCentral from any actions or claims by any 3rd party regarding any breach of such intellectual property.

WebCentral's Rights

1. WebCentral reserves the right to add, change or delete any category listings on the WAM and may also move your application/service listings to any other category that WebCentral deems more appropriate upon giving you 3 business days notice by email or logged job.
2. WebCentral reserves the right to immediately de-list or remove any applications/services on the WAM that it deems, in its sole discretion, breaches these WAM Terms or WebCentral's Acceptable Use Policy (located at http://www.webcentral.com.au/acceptableuse.php), or is otherwise unlawful, misleading, unsuitable, offensive, contrary to industry standards or otherwise not in the best interests of the WAM.
3. WebCentral also reserves the right to immediately de-list or remove any applications/services on the WAM that it deems, in its sole discretion, poses a security risk of any kind to the WAM or WebCentral's business or comprises anything which may adversely reflect on WebCentral.
4. WebCentral will also de-list or remove any applications/services on the WAM that it is required to do so by law. If WebCentral de-lists or removes the applications/services you have listed on the WAM we will advise you via email or logged job as soon as reasonably practicable.
5. If your dedicated WebCentral web hosting account is terminated or suspended for any reason, you will immediately become ineligible to use the WAM and WebCentral will de-list or remove the applications/services you have listed on the WAM without any further notice.

Termination

1. Either party may terminate your use of the WAM service, without breach, at any time, by providing at least 30 days prior written notice to the other party. Upon termination, you must remove all references to the WAM from your website and any other marketing or business materials you have.
2. If your dedicated WebCentral web hosting account OR your use of the WAM service is terminated by you for any reason, there will be no pro-rata refund of any unused portion of fees.
3. If your dedicated WebCentral web hosting account OR your use of the WAM service is terminated by WebCentral for any reason, other than your non-compliance with these WAM Terms or WebCentral's Standard Terms and Conditions, WebCentral will give you a pro-rata refund of any unused portion of the fees.
4. WebCentral reserves the right to change any aspect of WAM (including the fees) upon 30 days written notice. If you do not accept the proposed change, you may terminate your WAM listing service within 5 business days of the change notice by giving written notice to WebCentral. Absent such non-acceptance notice, your continued listing of applications/services on the WAM following any change notice will constitute your acceptance of the proposed change.
5. WebCentral reserves the right to suspend or terminate the WAM at any time.
6. WebCentral will not be held liable for any loss or damage caused by or arising from any decision to suspend, change or discontinue the WAM service.

General

1. You agree that no joint venture, partnership, employment or agency relationship exists between you and WebCentral as a result of this agreement or the applications/services you have listed on the WAM service.
2. WebCentral's Standard Terms and Conditions (located at http://www.webcentral.com.au/standardtandc.php) apply. Please read them carefully as they contain exclusions of liability as well as indemnities from you to WebCentral, which apply to the WAM service.