Terms & Conditions

SERVICE AGREEMENT

The following are the terms and conditions for use of the Pay-Per-Click Bid Management Service ("Service") provided to you ("Client") by Apex Pacific Pty. Ltd ("Apex) through the website www.apexwebcenter.com .

You are requested to read these terms and conditions ("Terms") carefully before you use the services of this site. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site. Apex may revise the Terms of Use at any time without notice to you.

If the following Terms are not acceptable in full, you must immediately terminate your use of the Service.

CLIENT ACCOUNT

To register for the Service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form, including e-mail address (username) and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You must accept and agree to the separate Terms of Service set forth elsewhere on the Site.

NONEXCLUSIVE LICENSE

Apex hereby grants you a non-exclusive license to use this Service. You may not: (1) modify, translate, or create derivative works based on the Service, or permit other individuals to so; (2)rent, lease, transfer or otherwise transfer rights to the Service; (3)use a single account for multiple business entities.

RESPONSIBILITY

Apex Pacific and its affiliates will not be held responsible for changes in the search engine which effect the Service performance or functionality; however, every effort will be made to make updates available to all customers.

The customer agrees to verify the changes made by the Service, and Service harmless from any consequential or direct damages due to a malfunction of the software.

LIABILITY FOR CHANGES TO THE CUSTOMER'S ACCOUNT

It is the customer's responsibility to ensure that it is within the search engine's terms of service to operate the Service.

Customer agrees that he has authorized the Service to make any bid changes on his behalf. Apex Pacific and its affiliates shall NOT be liable for any lost keywords or charges resulting from the changes made by the Service. Customer agrees to pay all the amounts he has incurred to the Search Engine. The Customer shall be legally bound to the Search Engine for charges to the customer's account with the search engine made as a result of the Service’s action. The maximum liability for actual damage sustained shall be limited to $5,000 US dollar.

FEES AND SERVICES

(i) Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Service and our Site.

(ii) If you are enrolled in a trial period, the billing shall begin immediately once the trial period has ended, unless you cancel the Service on or before the trial period ends. We automatically charge your account in advance for use of the Service, at the beginning of the initial term and subsequent renewal terms.

(iii) The renewal charge will be equal to the then-current service order, unless Apex has given you at least 30 days notice of the fee changes by posting the changes on our web site. The fee change shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted or published basis.

(iv) You authorize Apex to charge your credit card for any and all charges associated with your account. We reserve the right to either suspend or terminate your account with Apex for failure to pay or refused credit cards. Any outstanding balance becomes immediately due and payable upon termination of this agreement for any reason and any collection expenses (including attorneys' fees) incurred by Apex will be included in the amount owed.

(v) All Account Charges are NON-REFUNDABLE. By accepting the Apex services, the client gives up any right for a refund.

SERVICE

The Service is available to a Client through the Apex website. Client understands and agrees that Apex may alter, suspend or discontinue all or any portion of the of the Site and/or the Service(s) at any time for any reason, without notice, cost or liability. Client also understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason.

Client, at its sole cost and expense, shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for Client’s use of the Site and the Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and the Services, are compatible with the Site and the Services.

SITE INFORMATION

The general operation of the Apex site is as follows: The Apex Pay-Per-Click Bid Management Service is to provide a system for managing and monitoring client's Paid Search Engine Online Advertising (Pay-Per-Click, PPC). Client is authorized to access the Site and/or the Service(s) solely to manage its account(s). Client agrees that it will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access your account with Apex or to monitor or copy the Site or the content contained therein except those automated means expressly made available by Apex, if any, or authorized in advance and in writing by Apex. Client agrees that it will not use any device, software or routine to interfere with the proper working of the Site and/or the Service(s) offered through the Site. Without limitation to the foregoing, Client further agrees that it will not take any action that imposes an unreasonable or disproportionately large load on Apex's infrastructure (as determined by Apex).

PRIVACY

The Client’s right to privacy is extremely important to Apex. Any information provided by the Client will not be shared with any third party. Apex reserves the right to use the information to provide the Client a more personalized online experience.

PROPRIETARY RIGHTS

All content present on this site is the exclusive property of Apex.
Title, ownership rights, and intellectual property rights in and to the Service shall remain with the Developer. All copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the “Content”), is the property of Apex and is protected by intellectual property laws and international intellectual property treaties.
This License gives you no rights to such content.

TERMINATION

Apex may terminate your account at any time and for any reason. This agreement will terminate automatically if you fail to comply with the limitations described in these Terms. The term of this Agreement shall continue in accordance with the period of time you selected during the order process (1 month, 3 months, 6 months, or 1 year). This Agreement shall automatically renew (subject to then current pricing and then current Apex terms and conditions) unless terminated by either party by giving written notice of termination (email) at least 10 business days before the expiration of the then current term.

DISLAIMER OF WARRANTIES

THIS SITE AND THIS SERVICE(S) ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SITE AND THE SERVICES IS AT USER’S SOLE RISK. APEX DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT AND WE DISCLAIM ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, SERVICES, AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE AND/OR SERVICES, OR ANY ECONOMIC BENEFIT YOU MAY GAIN FROM USE OF THE SITE AND/OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

DEVELOPER WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOREGOING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

APPLICABLE LAW

This Agreement shall be governed by the laws of the state courts of NSW, Australia.

If you click on the “Agree” button on the sign up form and/or use the services you have indicated your acceptance of this agreement including its terms and conditions.