TM Auctions Terms of Service

By using the TM Auctions (tmauctions.com.au) Service, you (the Client) agree to be bound by the following terms and conditions as set by Thomas Multimedia (the Provider).

Table of Contents:

Section 1: The TM Auctions Service

  1. You are responsible for all content posted and activity that occurs under your account (even when content is posted by other users of your account).
  2. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  3. Operational expenses, including but not limited to domain registration, marketing, design, development, merchant banking and SSL security certificates shall be at the expense of the Client, unless otherwise agreed.
  4. While every effort is made to provide a secure online presence, the Client is fully responsible for the security, content and every-day operations of their account. Any breach of security, including, but not limited to, server hacking, stolen passwords, compromised data, lost data, etc., shall be the sole responsibility of the Client.
  5. The Client shall consent to the Providers' full and unrestricted access to the account and any other access required in the performance of duties by the Provider.
  6. Thomas Multimedia shall be held harmless from any legal problems, accusations, or illegal activities that may arise from the Client's account, business or personal activities. Thomas Multimedia is a hired Service provider, and is not in any other way affiliated with or employed by the Client.

Section 2: Modification Requests

  1. The client may request changes to the visual or functional aspects of their auction site at any time.
  2. All modification requests are subject to approval by Thomas Multimedia, and Thomas Multimedia reserves the right to refuse any requested modification that is deemed to be likely to cause a problematic disruption to the underlying server resources, or would significantly hamper the user experience.

Section 3: Monthly Included Hours

  1. A maximum of 8 hours of work are credited to each auction website, included in the monthly payment amount, to be fullfilled by Thomas Multimedia for the purpose of changing or improving the website, either directly or indirectly.
  2. Hours may be used towards activities including marketing, design changes and site Modification Requests. Any Modification Requests are subject to the terms in Section 2.
  3. Any work requested will be scheduled and undertaken as soon as possible by Thomas Multimedia, and may be delayed at our discretion.
  4. Unused hours in any month are immediately forfeited at the conclusion of the month, and are not redeemable for credit or refund.
  5. Unused hours in any month do not rollover onto subsequent months.
  6. Unless previously arranged, all work will cease at the conclusion of the 8 hours until the next calendar month.
  7. Additional hours of work may be purchased at the rate set out on www.tmauctions.com.au/pricing.

Section 4: Payments

  1. All TM Auctions plans are subject to monthly charges as outlined on www.tmauctions.com.au/pricing. The Client is required to accept the Paypal.com recurring payment request and ensure that the payment is successfully transferred in full every month from the initial acceptance date forward. The payment is considered to be pre-pay - the Client is paying for the month ahead at all times.
  2. Any cancellation or non-payment by the Client of the recurring payment amount will result in suspension of the TM Auctions Service to the Client on the day that the pre-paid period expires.
  3. Thomas Multimedia may in its own discretion permanently remove any account files should the account remain unpaid for a period of 60 days or more.
  4. Available account features will change immediately upon the Client upgrading or downgrading the account. A new Paypal recurring payment will be generated prior to the next rebilling date, and must be approved by the Client upon receipt.

Section 5: Cancellations

  1. The Client may cancel their account at any time. All future recurring payments will be cancelled immediately, however refunds will not be given for any prior payments.
  2. Any outstanding invoices for services rendered must be paid.
  3. Any data previously submitted by the Client to the account may be provided in a compressed archive upon request.

Section 6: Copyright and Ownership

  1. All content submitted by the Client must comply with Australian and International copyright law.
  2. Thomas Multimedia assumes no ownership of any data submitted to the Service by the Client.
  3. The Client may request an export of all data submitted to the Service at anytime, excluding content in item 4 below.
  4. Thomas Multimedia reserves full ownership and copyright of all source code including but not limited to the core Service code, any and all customizations to any Client account, and all HTML, CSS and Javascript code used in rendering the Client account.
  5. Thomas Multimedia reserves the right to remove any content which is deemed as inappropriate, illegal, pornographic, offensive, defamatory, obscene or otherwise objectionable from the Client account, or which violated any of these Terms of Service.

Section 7: Exclusive Use

  1. Each auction website is provided on an exclusive use basis. That means that once a niche auction site is operational, no other new or existing TM Auctions site owners are permitted to create a directly competing TM Auctions website in the same niche.
  2. From time to time, individual items may stray across niches - this is unavoidable - however any deliberate, recurring attempt to compete with another pre-existing niche may result in account suspension.

Section 8: General Conditions

  1. With exception to the Exclusive Use policy at Section 7, Thomas Multimedia is an independent contractor and is not in any way bound by any terms to work for the Client exclusively, nor shall the Provider be restricted from contracting other companies of similar or same business type in any market or geographic area.
  2. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  3. You agree not to modify, hack, duplicate, sell or exploit any section of the Service.
  4. You agree to not use any of the account functions to send out any form of spam or unsolicited messages.
  5. You understand that Thomas Multimedia uses third party vendors to supply hosting, backup, hardware and networking services required to run the Service.
  6. Any 3rd Party Terms and Conditions including but not limited to website hosting, domain registration, merchant banking and SSL security certifications which are associated with the Client account must be agreed to by the Client. Thomas Multimedia accepts no responsibility for any breach of 3rd party terms and conditions.
  7. If any terms of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect, as if such invalid or unenforceable term had never been included.
  8. Thomas Multimedia reserves the right to terminate this and other service agreements at any time by providing a minimum 14 days notice to the Client.