This Terms of Service Agreement ("Agreement") is entered into as of the date on which the Client first uses the 1n1Soft Services (as defined below) ("Effective Date") by and between 1n1Soft - eCommerce Shopping Cart Services ("1n1Soft" or "Our services") and you ("you" or "Client").

The  1n1Soft -  eCommerce Shopping Cart Services - owned and operated by 1n1Soft.com  ("1n1Soft" or "Our services") , is provided to you ("you" or "Client").

1. GENERAL
1.1 This Agreement represents the terms and conditions under which 1n1Soft shall provide Client access to and use of the 1n1Soft Service package ("Our Service"), which be amended from time to time to reflect additional or amended 1n1Soft Services.
1.2 By accepting this Agreement, Client (a) represents and warrants that he or she is 18 years old or older; (b) agrees to provide true, accurate, current and complete information about Client as prompted by the Account Registration Form; and (c) agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by Client is untrue, inaccurate, not current or incomplete, 1n1Soft has the right to terminate Client’s account and refuse any and all current or future use of the Service.
1.3 BY COMPLETING THE ACCOUNT REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE 1n1Soft e-Commerce Shopping Cart Service Agreement. Nothing in this agreement obligates 1n1Soft or the Service to list, link to, accept or otherwise host any eCommerce Website storefront anywhere on the 1n1Soft site. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account pursuant to Section 7.3 regarding non-renewal of service.

2. 1n1Soft SERVICES
2.1 Restrictions: The Client should not post, transmit, or permit Internet access to information the Client desires to keep confidential. The Client is not permitted to post any material that is illegal, indecently depicts children or is likely to result in retaliation against 1n1Soft by offended users. 1n1Soft reserves the right to refuse or terminate service at any time for violation of this section.
Client agrees that Client and its Authorized Users will not: (a) sell, lease, license or sublicense the 1n1Soft Services; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the 1n1Soft Services in any way for any reason. (c) provide, disclose, or make available to, or permit use of the 1n1Soft Services by, any third party; (d) copy or reproduce all or any part of the 1n1Soft Services.  (e) interfere, or attempt to interfere, with the 1n1Soft Services in any way (f) engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of the 1n1Soft Services; (g) Introduce into or transmit through the 1n1Soft Services any virus, worm, timer, clock, counter,.. (h) remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the 1n1Soft Services.

2.2 Availability: 1n1Soft shall use commercially reasonable efforts to keep the 1n1Soft Services Package available on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages. The parties acknowledge that since the Internet is neither owned nor controlled by any one entity, 1n1Soft makes no guarantees that any given user will be able to access the 1n1Soft Services Package at any given time, and 1n1Soft shall not be liable to Client for failure of accessibility to the 1n1Soft Services Package.

3. FEES, PAYMENTS
3.1 Application and Use Fees. Client shall pay any applications fees, use fees, including but not limited to schedule fees, any taxes according to the 1n1soft's. Client shall pay all amounts due to 1n1Soft on the same calendar day of the due date each month.
Payments to1n1Soft are required on : A Monthly, Quarterly or Yearly payment according to the payment option the Client has chosen. Fixed payments will be due on the same calendar day as the initial purchase date for each month, quarter or year following and paid in advance at the time of sign up or renewal. Any accrued charges will be due starting from the same calendar day as the initial purchase date of the second calendar month and will be added to the fixed amount due. Monthly, Quarterly, Yearly Fees and other fees are subject to change at any time with notice from1n1Soft.

3.2 Licence Fee is one-time fee and non-refundable fee.

3.3 Client shall pay all amounts due under any invoice to 1n1Soft within fifteen (15) calendar days of due date.

3.4 Late Payments. If Client fails to pay any fees by the due date, 1n1Soft will have the right to: (a) charge the extra fee for the late payment which is amount equal to the greater of five percent (5%) per month and/or (b) suspend access to any or all of the 1n1Soft Services and/or terminate this Agreement. Access to the Clients store will be suspended automatically twelve (12) days from the due date if the Client fails to correct fees due to1n1Soft. Any such suspension or termination will not relieve Client from paying any outstanding fees plus interest and late charges. Client will be responsible for any costs associated with collecting such fees including, without limitation, legal costs, attorneys fees, court costs and collection agency fees.

3.5 Taxes. Client will pay or reimburse1n1Soft for all sales, use, transfer, privilege, excise and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the performance by1n1Soft under this agreement, excluding, however, income taxes or gross receipts taxes which may be levied against1n1Soft. Such taxes may be reflected on Client invoices.

4. Copyright and Trademarks, Intellectual Property
All content contained on this website, including (but not limited to) text, graphics, photos, logos, buttons, illustrations, images and audio clips is the property of 1n1Soft, 1n1Soft's advertisers or 1n1Soft's content providers. All this content is protected by Australian and International Copyright Laws. Unauthorised use of this material, including (but not limited to) reproduction, adaptation, modification distribution, transmission, republication, display or performance is strictly prohibited.
Trademarks may not be used without the express permission from 1n1Soft. Any unauthorised use of these trademarks is expressly prohibited.
The 1n1Soft Service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australia or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

5. DISCLAIMER OF WARRANTIES AND LIABILITIES INDEMNITIES
The Service and Software are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties and conditions of Client ability, fitness for a particular purpose and non-infringement. Neither this agreement or any documentation furnished under it is intended to express or imply any warranty, condition or representation that the online store services will be uninterrupted, timely or error-free or that the software will provide uninterrupted, timely or error free service. Client must determine that the Software adequately meets its requirements. Client acknowledges and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at its own discretion and risk and that Client will be solely responsible for any damages to its computer system or loss of data that results from the download of such material and/or data.

1n1Soft and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if 1n1Soft is aware of the risk of such damages, that result in any way from Client's use or inability to use the online store services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the online store services or the software.

1n1Soft's liability to Client shall not, for any reason, exceed the aggregate payments actually made by Client to 1n1Soft over the course of the existing Term. IN NO EVENT SHALL 1n1Soft  BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS.

You indemnify and hold harmless On 1n1Soft, our subsidiaries, related companies, officers, directors, employees and agents from and against all loss, damage, cost, expense and claim which may be suffered or incurred by you as a result of or in connection with your use of this website and our services.

6. GST
6.1 Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under this agreement are exclusive of GST for outside Australia and inclusive of GST within Australia.
6.2 In this clause the expressions “consideration”, “GST”, “input tax credit”, “recipient”, “supply” and “tax invoice” have the meanings given to those expressions in the Australian Tax System (Goods and Services Tax) Act 1999.
6.3 If GST is payable by the supplier on any supply made under this Agreement the recipient will pay to the supplier an amount equal to the GST payable on the supply. That amount will be paid at the same time that the consideration for the supply is payable under the Agreement and will be paid in addition to the consideration. The supplier shall upon receiving that amount from the recipient provide the recipient with a tax invoice in respect of the supply.

7. TERM AND TERMINATION
This agreement will commence on the date you or a representative on your permission clicking the "I ACCEPT" button to agree to the terms and conditions and shall continue thereafter on either a month to month basis or quarterly basis or a yearly basis depending on the contract term the Client signed up to.
7.1 Termination by 1n1Soft. 1n1Soft shall have the right, upon notice to Client, to terminate this Agreement specifically if: (a) Client fails to timely pay 1n1Soft any amount due to 1n1Soft under this Agreement; (b) Client materially breaches any term or condition this Agreement; or (c) Client (i) terminates or suspends its business activities; (ii) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority; or (iii) becomes subject to any bankruptcy or insolvency proceeding under federal or state statutes.

7.2 Termination by Client. Client will have the right, upon written (delivered via e-mail, post or fax ) to 1n1Soft's office, to terminate this for any reason at any time giving 30 day's written notice. The remaining monthly or quarterly or yearly Hosting Fee paid in advance may be refunded on a pro-rata basis. The License Fees and Setup Fees are non-refundable.

7.3 Obligations upon Termination or Expiration and Non-Renewal. Upon the expiration and non-renewal or termination of this Agreement for any reason: (a) Client's access to, and use of, the 1n1Soft Services will terminate; (b) Client will return to 1n1Soft any and all 1n1Soft Services, equipment, software, documentation or other deliverables provided to Client by 1n1Soft including any copies thereof held by Client; and (c) each party shall return any and all Confidential Information in its possession to the party that disclosed such Confidential Information and provide written verification of same.

7.4 Deletion of Information. Upon termination, After five (5) days of the termination date, 1n1Soft reserves the right to delete from its servers, including but not limited to order processing information, mailing lists, and any Web pages generated by the Software, without liability for any loss, costs, expense or damage suffered by Client .

8. PROPRIETARY RIGHTS
8.1 No right, title or interest of intellectual property or other proprietary rights in and to the 1n1Soft Services and/or other products or services made available under this Agreement IS TRANSFERRED to Client hereunder. 1n1Soft retains all right, title and interests, including, without limitation, all copyright, trade secret, intellectual property and other proprietary rights in and to the 1n1Soft Services and/or other products or services provided under this Agreement.
8.2 In the "No Brand" Add-on Option, We do Not SELL or TRANSFERRED to Client any right, title or interest of intellectual property. 1n1Soft retains all right, title and interests, including, without limitation, all copyright, trade secret, intellectual property. The only right that client can do is: Client can Remove or Change the Copyright-text
from: "Copyright © 2001 1n1Soft.com - All Rights Reserved"
to    : "Copyright © 2001 YourCompany - All Rights Reserved"

9. Governing Law/Jurisdiction
This website is operated and maintained from Sydney, New South Wales, Australia. Unless expressly stated otherwise, these terms (and your use of this website) are governed by the laws of the State of New South Wales, Australia.

10. AFFILIATE AGREEMENT
Click here to see Our Affiliate Agreement

11. PRIVACY POLICY
Click here to see Our Privacy Policy

12. REFUND POLICY
Click here to see Our Refund Policy

13. MODIFICATION OF this terms of service agreement
1n1Soft reserves the right to change the terms, conditions, and notices under which the 1n1Soft Websites are offered, including but not limited to the charges associated with the use of the 1n1Soft Services. You are responsible for regularly reviewing these terms and conditions.

14. OTHERS
14.1 Child Pornography on the Internet. 1n1Soft will cooperate fully with any criminal investigation into a Client's violation of the Child Protection Act of 1984 concerning child pornography. Clients are ultimately responsible for the actions of their clients over the 1n1Soft network, and will be liable for illegal material posted by their clients.

14.2 Unsolicited Email/Spam. Use of the 1n1Soft network, servers or services to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,..  is expressly prohibited. 1n1Soft also prohibits the sending of any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the 1n1Soft Products and Services or network.