All users of Sales Builder Systems (hereafter SBS) services, and all customers upon signing up for SBS services, agree to comply with SBS Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using SBS services with due regard to the rights of other Internet users and in conformity with the requirements of SBS network environment. The TOS are not exhaustive and SBS reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon the posting of the modified TOS to www.RestaurantSalesBuilder.com.au. Any complaints about a customer's violation of the TOS should be sent to abuse@salesbuildersystems.com.au. Except when expressly agreed to the contrary in writing by an authorized representative of SBS, this TOS supersedes any other agreement with SBS whether written, oral, by conduct, or otherwise.

SBS Services

SBS services include, but are not limited to:

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data, database information and the space on the particular Web server that SBS provides to customers);

2. any use by customers, or any access provided to customers by SBS, of computing, telecommunications, software, information, hardware, and equipment;

3. any act, or provision of any service, by SBS to customers, related to automated marketing & communications (via email, direct mail, text messaging (SMS), voice broadcast, or social media) including server usage and technical support, regardless of duration and whether paid for or not;

4. any provision by SBS to customers, of any software, space, Internet connectivity, or electrical power;

5. any access or use related to the SBS Web site, including the Web site itself;

6. any other service mentioned in the TOS;

7. any other service provided by SBS to customers, whether used or not;

8. any other SBS services that are used by customers, whether offered or provided by SBS to customers.

SBS reserves the right to amend, add, or discontinue any of the SBS services offered and to add, delete, suspend or modify the terms and conditions of the SBS services at any time and to determine whether and when any such changes will apply to either or both existing and future customers.

Service Fees

SBS may charge set up fees, recurring service fees, and other one-time fees for optional services. Unless otherwise specified in any written offer or promotion, the Service Fees published on the SBS order form for the particular services you ordered are applicable to all transactions between you and SBS. SBS may amend the Service Fees associated with any of the Services at any time at its sole discretion without notice to you.

Ownership of Web Site

The legal owner of customers' accounts and Web sites with SBS will be the individual or organization whose name is listed in SBS's database as the owner. Customers will fully cooperate with and abide by any and all of SBS's security measures and procedures in the event of any dispute over ownership of customers' accounts and Web sites with SBS

Customer Responsibility

Customers are required to use the SBS network responsibly. This includes respecting the other customers of SBS SBS reserves the right to suspend and/or cancel service with any customer who uses the SBS network in such a way that adversely affects other SBS customers. While SBS may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, SBS does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when SBS becomes aware of any violation of the TOS or other user agreements, SBS may take any action to stop or correct such violation, including, but not limited to, denying access to SBS's services and equipment or to the Internet.

Actions Taken by SBS

The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. SBS will be the sole arbiter as to what constitutes a violation of the TOS. SBS reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When SBS becomes aware of an alleged violation of its TOS, SBS will initiate an investigation. During the investigation, SBS may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, SBS may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, SBS will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. SBS does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by SBS

Indemnification

SBS customers agree to protect, defend, hold harmless, and indemnify SBS, any third party entity related to SBS (including, without limitation, third party vendors), and SBS's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of SBS's services.

Disclaimer

The SBS service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. SBS expressly disclaims any representation or warranty that the SBS service will be error-free, secure or uninterrupted. No oral advice or written information given by SBS, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. SBS and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, SBS may immediately terminate provision of SBS services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against SBS in such event.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will SBS (including, without limitation, SBS's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing SBS's services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or SBS services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any SBS services even if SBS has been advised of the possibility of such damages. All claims and causes of actions arising in connection with SBS or SBS's services are permanently barred unless the claim or cause of action is commenced within 6 months after the basis of the claim or the cause of action arose, regardless of any statutory limitation period allowing for a longer period. SBS's total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOS or SBS's services, including, without limitation, those from any negligence, any act or omission by SBS or SBS's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

Modifications

SBS may discontinue, upgrade, replace, modify, or change in any way, without limitation, any SBS service, and/or any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with SBS's services. Certain changes to SBS's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and SBS is not liable, for any and all such personalized content, except as expressly agreed to by SBS SBS may but is not obligated to provide customers with notice of any such modifications.

Third Party Licenses

SBS makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, SBS makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, SBS specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold SBS liable in any way for the revocation of any license, which has been licensed to SBS The use of the Technologies obtained from or through SBS, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-SBS Products

Any mention of non-SBS products by SBS, its employees, or any third party entity related to SBS is for information purposes only and does not constitute an endorsement or recommendation by SBS. SBS disclaims any and all liabilities for any representation or warranty made by the vendors of such non-SBS products or services.

SBS Intellectual Property

Customers will not, without SBS's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on SBS's Web site, and customers will not use any of SBS's trademarks, service marks, copyrighted materials, or other intellectual property without SBS's express written consent. Customers will not, in any way, misrepresent their relationship with SBS.

Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for SBS's services, either in whole or in part, without the prior written consent of SBS

Minimum Age Requirement

SBS customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a SBS customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for SBS services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains SBS's express written consent to the contrary. Any acceptance of the TOS or any other agreement for SBS's services will be deemed null and void to the extent that SBS will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of SBS's services.

Privacy

SBS is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, SBS urges its customers to assume that all of their on-line communications are insecure. SBS cannot take any responsibility for the security of information transmitted over SBS's facilities. Additional details on privacy and SBS's use of customer information can be found in SBS's Privacy Policy.

90 Day Guarantee And Refund Policy

Sales Builder Systems customers may request a refund of all monies paid during the first 90 days of program use. After the 90 guarantee period expires, customers may cancel the service at any time for any reason by notifying Sales Builder Systems via email or postal mail. After a notice of cancellation has been received by Sales Builder Systems, no further charges will be processed and the service will expire on the last day of the most recent billing period.

Governing Law and Severability

The TOS, and any other agreement for SBS services, will be governed by and construed in accordance with the laws of the State of Ohio, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and SBS will take place in Ohio, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other SBS agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Force Majeure

SBS will not be liable for delays in its performance of the TOS or SBS services caused by circumstances beyond SBS's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). SBS will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

Waiver and Amendment

Any waiver, modification, or amendment of any provision of the TOS or other agreement for SBS services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of SBS.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between SBS and its customers. Each of SBS and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for SBS services, constitutes the complete understanding and agreement between SBS and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of SBS, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for SBS services is between SBS and its customers only and will not confer any rights in any third party except as otherwise expressly provided by SBS

Third Party Providers

You agree that certain services may be provided by third party providers of SBS and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.