Retention of Title

Retention of Title

Terms and conditions

Supply of equipment and media (Retention of Title).


All materials, goods, intellectual property, media, media transport and transmission service supplied shall remain
the property of AplusWeb until all debts owed to the supplier are satisfied.

AplusWeb accepts no responsibilities for accidental damage or breakage including network or server outages.

Accounts are to be finalised (paid in full) at completion of work.

A strict 7 to 14 day account may be given with prior arrangement.

Interest will be charged on overdue accounts.

Interest will be charged on continuing development of a website after the account is overdue.

Retention of Title by AplusWeb


Until full payment in cleared funds is received by AplusWeb (the Supplier) for all materials, goods, intellectual property, media, media transport and transmission service supplied by AplusWeb to the Client, as well as all other amounts owing to the Supplier by the Client under any other contract:

(a) legal title and property in all goods supplied under this contract remain vested
in the Supplier and do not pass to the Client;

(b) the Client holds the goods as fiduciary agent and bailee for the Supplier;

(c) the Client must keep the goods separate from other goods and maintain the labelling and packaging of the Supplier so that they are readily identifiable as the property of the Supplier, however failure to comply with these requirernents will not affect the Supplier’s title and property to the goods;

(d) the Client must not sell the goods except in the ordinary course of the Client’s business;

(e) the Customer holds and agrees to hold the proceeds of any sale of the goods on trust for the Supplier in a separate account in to which no other monies shall be paid; however failure to deposit the proceeds of a sale into a separate account or to keep those monies separate will not affect the Client’s obligation to deal with the proceeds as trustee of the proceeds for the Supplier. The proceeds of the sale of goods supplied will be held on trust for the Supplier until actual payment of the proceeds is made to the Supplier;

(f) the Supplier may without notice, enter any premises where it suspects the goods may be located and remove them without committing a trespass, notwithstanding that they may have been attached to other goods or land not the property of the Supplier, and for this purpose the Client irrevocably licences the Supplier to enter such premises and also indemnifies the Supplier from and against all costs, claims demands or actions by any party arising from such action.

The Seller and Client agree that nothing in this clause creates a charge in favour of the Seller which is registrable under the Corporations Act 2001 (Cth) or the Bills of Sale Act 1886 (Cth)”.


8.1 Compliance
You are responsible for the use of your Service and you will not use your Service other than in accordance with our Agreement and Laws and obligations applicable to the Services and their use.
8.2 Obligations
(a) Subject to your rights under clause 3.4, you accept and will comply with such conditions as are from time to time imposed by us in respect of a Service, whether as part of the Conditions of Service, Acceptable Use Policy or otherwise, including without limitation, limits on usage and type of usage, size of emails and attachments and web space, time and volume limits applicable to data transfer and storage and session and idle times, deletion and loss of data.
(b)In providing the Services to you, you agree that we may:
(i) delete any transitory data stored on our servers for a duration exceeding 90 days;
(ii) reject any email (including attachments), which exceeds 5Mb (including encapsulation) and is sent to or by you via any of our mail servers;
(iii) where it is deemed necessary in order to comply with our legal obligations, monitor data accessed or transmitted by you while using the Service; and
(iv) take any steps deemed necessary to comply with our legal obligations under relevant State or Federal legislation, industry codes of practice or under direction from a relevant regulatory authority or court order.
(c) You must not do or allow to be done, in relation to a Service, any of the following:
(i) engage in denial-of-service attacks, or allow a computer under your authority to be used as part of one;
(ii) obtain or attempt to obtain unauthorised access to or control of any other computer or network;
(iii) scan ports on other computers or otherwise probe them for means of access or vulnerabilities;
(iv) spread (either deliberately or through want of reasonable care) any virus, Trojan horse or other harmful action;