10.1 Esteem Media will not be liable for any Works or other services provided to you by a third party and any impact this other work has on the products and Services supplied by us to you. Where third party services or products cause errors or issues with the products and/or services supplied to you by us, including your website if we built it, we will use best endeavours to rectify the issue at your cost, a quote for which will be agreed between us before any additional work is commenced. 10.2 Notwithstanding any other provision of this Agreement, the liability of each Party arising under and/or in connection with this Agreement will exclude any liability for indirect or consequential loss. 10.3 You indemnify Esteem Media and its officers, employees, contractors, associates and agents (‘those Indemnified’) from and against your breach of these Client Terms as amended in the future, and from any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which any of those indemnified pays, suffers, incurs or is liable for arising out of or in connection with the Works provided under the Service/s and Package/s provided to you including but not limited to issues of third party intellectual property rights breaches or other causes of action caused directly or indirectly, by your acts or omissions or those of your employees, agents, directors, trustees or contractors. 10.4 To the maximum extent permitted by Law, the aggregate liability of Esteem Media and those indemnified in respect of any causes of action arising under or in connection with this Agreement, whether in contract, tort (including negligence), statute, equity or otherwise, is limited to an amount equal to the cumulative total paid or payable by you to Esteem Media for the Works performed under the Agreement.
11.1 Any notices from you to Esteem Media must be provided to the physical address or email address in Item 1 of the Schedule. 11.2 You are responsible for providing Esteem Media with your current address as noted in Item 2, which you must amend by advising us from time to time. Any notices to you will be sent to the contact details in Item 2, and you are wholly responsible for the consequence of not receiving notices in the event you do not keep your details updated.
12.1 Esteem Media may terminate this Agreement without notice to you effective immediately if you are in breach of any of your payment obligations. 12.2 Esteem Media may terminate this Agreement for any reason by providing you with 5 days written notice of the termination. 12.3 You may terminate the Works being provided under the Service/s and Package/s selected by providing 30 days prior notice to Esteem Media of the termination. This notice must be sent in accordance with Clause 11. 12.4 Upon termination of this Agreement, you will be liable to pay for all Works performed by Esteem Media or an associate or contractor of Esteem Media, in accordance with this Agreement up to the effective date of termination and any Additional Work that has been completed. 12.5 In the event that you have chosen a fixed-fee package such as a website build, you will be responsible for payment for the entire fixed fee, whether or not you elect to have the Works completed.
13. ENTIRE AGREEMENT
13.1 This Agreement constitutes the entire agreement between you and Esteem Media and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, in relation to its subject matter.
14.1 If any part of this Agreement is void or voidable, then that part is severed from the Agreement but without affecting the continued operation of the remainder of the Agreement.
15. AUSTRALIAN CONSUMER LAW
15.1 Esteem Media do not provide any warranties, other than those required under the Australian Consumer Law. 15.2 You are not entitled to a refund for the Service/s and Package/s selected for change of mind and there is no cooling off period available.
16.1 Clauses 5 to 11, and 13 to 17 will remain in full force and effect following the expiry or termination of this Agreement.
17. APPLICABLE LAW
17.1 The laws of the State of New South Wales govern this Agreement and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.