7.5 Transmits software viruses, worms, Trojan horses or any other material which may damage, disrupt, survey, or impair the functioning of any hardware, software, server, communication system, or computer related peripherals.

7.6 Creates a false identity, which is specifically designed to mislead or induce others to engage in any activity, conduct, or acceptance of any service or product or any other agreement.

7.7 May or be likely to cause C3 or any of its clients to come into disrepute.

You agree that you are fully responsible for content contained upon your products and services and that C3 is harmless and not responsible in the event that any legal proceedings are instituted against you for your business practices or content. C3 may terminate any dealings with you should you be in violation of the Terms of Service. Intellectual Property

8. Intellectual property

C3 may terminate any provision of products and services where copyright infringement is found to have been caused by you either directly or indirectly. You agree to ensure that any information or content requests are original and free from any third party copyright or trademark protection or have obtained written permission from the IP owner for its use. Any content you provide to C3 will remain your own Intellectual Property.

9. International Usage

As with the global nature of the internet, you agree that you will identify and comply with all rules, laws, and regulations of online conduct and content which is acceptable for your use of our products and services. You also agree to familiarise yourself and your agents with the laws relevant to the collection and dissemination of personal data and the laws relevant to the transmission of any other data.

10. Limitation of Liability

You agree that C3, it’s subsidiaries, officers, employees and any agent contracted by C3 shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damage for loss of profits, goodwill, use, data, or any other intangible losses. Such limitation of liability shall apply whether the damages arise from the use or inability to use the services and products of C3, reliance on C3 services, or from the interruption, suspension or termination of C3 services (including any damage incurred by any other third party). This limitation shall also apply to any costs of procurement of substituted services or products.

You agree that C3 shall under no circumstances be liable for any delay or any performance failure by whatever means which results wither directly or indirectly from acts of nature, forces or causes which are beyond the reasonable control of C3, including without limitation to internet failures, computer failure, telecommunication failure, equipment failure of any kind, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour and/or materials, floods, fires, explosions, storms, illness, accidents, acts of God, government action, war, orders of domestic or foreign courts and tribunals, and the non performance of any third party.

You agree that at no time shall C3 be liable to any more than a refund of any monies paid by you or your company.

11. Tort Claims

You agree that you waive all and any tort claims that arise through any act or omission against C3, its subsidiaries, its officers, employees and any contracted agents now or at any time within eight years of the date of your last dealings with C3. The relationship between you and C3 shall be contractual in nature only.

12. Indemnification

You agree to defend, indemnify and hold harmless C3, its directors, officers, employees, or contracted agents from and against all claims and expenses, including legal fees that may arise from or be the result of any content, service or product which is provided upon your website or electronic database.

13. Negative Comments / Slander

You agree not to engage in any negative comments or slander regarding C3 or any person associated with C3, including but not limited to publishing, or causing to be published, complaints or any derogatory comments related directly or indirectly to C3 or any person associated with C3 in any format, including but not limited to, print, newspapers, television, radio or on any internet website, including but not limited to, blogs, feedback pages, or any internet communication forum whether private or public. Should there be a breach of this condition you agree that C3 shall be entitled to liquidated damages at a rate which will be decided upon for any perceived or real loss to commercial activity, for each and every posting and day or days that the posting remains active and visible to any person. C3 shall also be entitled to litigate the breach of this condition and obtain financial damages and any injunctive reliefs found to be necessary.

14. C3 Employees & Contractors

You agree that at no time shall you or any member, employee, or agent of your company or business approach, communicate with or discuss with any employee or contractor of C3 any matter with the intention of having that employee or contractor provide your business with services or products, which are not processed through C3. You agree that you shall not offer employment of any kind to employees or contractors of C3. Any breach of this condition may at the discretion of C3 result in:

14.1 Automatic cancellation of products or services being provided to you now or at any time in the future.

14.2 A financial penalty being imposed upon you for a sum as determined by C3, which reflects the economical and physical loss, including reasonable future loss, suffered by C3 for your unauthorised use of human resources associated with C3.

15. Purchase of C3 Products and Services

15.1 A contract of sale of any product or service shall only be entered into when C3 formally accepts an oral or written order, electronic or otherwise, from you.

15.2 C3 may refuse to sell or supply any product or service before or during the performance of any contract between C3 and you. Any refusal will be identified to you in writing, unless prevented by any law or reasonable request made on or on behalf of any law enforcement or government agency.

15.3 Any request for a variation or cancelation of an order for products or services provided by C3 shall be made in writing by you and approval for the alteration or cancellation shall be at the discretion of C3.

15.4 The price of products and services provided by or on behalf of C3 shall be the sum of:

15.4.1 The price of the products or services as quoted by C3, or if no quote has been provided, the price which is considered by C3 to be fair market value at the time of delivery of the product or service to you.

15.4.2 Any taxes or surcharges, which are payable in relation to the product or service.

15.4.3 Any storage, transmission, freight, courier, or other costs which relate specifically and directly to the delivery of the product or service to you.

15.5 All products and services shall be paid for before delivery unless prior agreement has been received from C3.

15.6 You shall not deduct any sum from the due amount on any invoice provided to you by C3 for any reason whatsoever.

15.7 Delivery of products and services shall be delivered to you at an address whether physical or electronic which you shall provide to C3 at the time of entering into any contract with C3.

15.8 If C3 is directed by you to deliver products and services to a physical address the following shall apply:

15.8.1 The invoice and/or delivery docket provided by C3 shall be conclusive evidence that the product or service as requested by you has been delivered in full.

15.8.2 You shall be present at the agreed date and time of delivery, if delivery is delayed for some unforseen circumstance you agree to be present at the time and date which delivery is anticipated and advised to you. Should you or an agent approved by you in writing not be present at the time and place of delivery then the products or services may be unloaded at the most accessible entry point and C3 shall not be responsible or liable for any loss which may occur.

15.8.3 C3 reserves the right to charge additional costs for delivery charges incurred by C3 for delivering any product or service to you.

15.8.4 Upon delivery you shall immediately inspect the product or service and provide written notice within seven days from the date of delivery of any irregularity in quantity or description of any defects. If written notice is not received by you within seven days delivery of the product or services shall be deemed to be complete without issue.

15.8.5 Where a written notice is provided within seven days to C3 an inspection shall be conducted of the product or service by a representative of C3. You are obliged to retain the product or service as you received it until a time in which C3 is able to inspect the product or service. Failure to do so will result in a credit being unable to be provided by C3.

15.8.6 Should C3 provide you with a credit for any product or service as a result of the application of 12.8.5 then the credit shall be for the purchase price less any delivery, handling, or storage costs.

15.9 Risk in any product or service passes from C3 to you upon delivery. Notwithstanding the passing of that risk:

15.9.1 All products delivered by C3 to you remain the property of C3 until any and all monies owing by you to C3 have been paid in full. You shall upon demand return any product or service, which has not been paid for in full within three business days.