TERMS OF LISTING
These Terms of Listing (Terms) apply to all listings in the Business Directory accessed from this website www.smallbizfinder.com (Website) and form the agreement between Small Business Connect t/a The Small Business Finder and you. By submitting a business to be listed in the Business Directory you agree to be bound by these Terms.
• This agreement begins on the date your Business Submission form and accompanying payment are received by Small Business Connect / The Small Business Finder and continues for 12 months or 30 days (monthly) (depending on selected term) unless terminated early by either party in accordance with clause 5 (Term).
• This agreement will automatically renew for additional 12 month periods or every month, unless either party provides notice to the other party, not less than thirty (30) days before the end of the then current term, of its intent to terminate this agreement. In order to keep your listing, you will need to pay the Fee for the subsequent term on or before the renewal date.
• The annual subscription fee as set out in the Business Submission form (Fee) must be paid at the time of submitting the form.
• The Fee is non-refundable unless the agreement is terminated by you for a breach of a material term by The Small Business Finder or The Small Business Finder denies your request for listing after reviewing your Business Submission form.
• The Fee is fixed for the Term provided that if the agreement is automatically renewed, or otherwise stated at time of agreement (e,g, first year at a discount, the following year non discounted).
3. The Small Business Finder rights and obligations
• The Small Business Finder may in its sole discretion refuse any application for a listing in the Business Directory or remove any listing from the Business Directory with no liability to you.
• The Small Business Finder will:
• have final approval of the content of all listings you submit and any subsequent changes, which approval will not be unreasonably withheld;
• use its best endeavours to make sure that any downtime of the Website or the Business Directory is kept to a minimum but will not be liable to you for any loss suffered from any such downtime;
• not modify the content of your listing without your consent.
o The Small Business Finder makes no representations that listing your business in the Business Directory will increase your business revenue or business leads.
4. Your rights and obligations
• be responsible for the content of your listing;
• provide all text and images for your listing in the format requested by The Small Business Finder ;
• ensure that the content of your listing does not contain any inappropriate or offensive content or other content that would damage the reputation of The Small Business Finder ;
• ensure that the content of your listing complies with all applicable laws in Australia;
• monitor your listing at reasonably regular intervals and immediately notify us if your listing is missing from the Business Directory, is incomplete or if there is an error in the listing;
• comply with all reasonable requests of The Small Business Finder to change the content of the listing, for example, because the listing does not comply with the requirements in this agreement.
o The following terms apply to postings on The Small Business Finder Facebook group page:
• as long as you have a current listing in the Business Directory The Small Business Finder gives you permission to post details of your business on the The Small Business Finder Facebook page during The Small Business Finder business hour ( every Thursday 8pm-9pm only ) (Business Hour);
• you must not post any derogatory, defamatory or “name and shame” comments about any other person or business or any comments that contain any inappropriate or offensive content or other content that would damage the reputation of The Small Business Finder or is otherwise contrary to law;
• if at any time this agreement terminates for any reason, your right to post also terminates and The Small Business Finder will take down any posts made during Business Hour;
• if the Facebook group ceases to exist for whatever reason, you will not be entitled to any refund of the Fee.
o You warrant that you have the right to use all of the images and text that you supply to The Small Business Finder to be included with your listing in the Business Directory and you are able to give the licence in clause 4.4.
o You grant to The Small Business Finder for the Term a royalty free, non-exclusive license to use the intellectual property rights in the content you have provided for your listing so that The Small Business Finder can fulfill its obligations under this agreement.
• Either party may immediately terminate this agreement by giving 30 days’ written notice to the other party if:
• the other party is in breach of any provision of this agreement and the party in breach has failed to remedy the breach within 14 days of receipt of written notice from the other party describing the breach and calling for it to be remedied;
• the breach is not capable of remedy; or
• the other party is declared bankrupt, or if a corporation, in any action is taken in relation to it which reasonably indicates its insolvency.
o On termination of this agreement The Small Business Finder may immediately take down your listing from the Business Directory.
6. Limitation of liability
• Except as expressly set out in this agreement, and subject to any terms, guarantees, warranties or conditions that by law may not be excluded, all representations conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to this agreement are excluded. If The Small Business Finder is liable for breach of an imposed term, guarantee, warranty, representation or condition, The Small Business Finder liability is, at The Small Business Finder option, limited to:
• the re-supply of the listing or the supply of an equivalent listing;
• the payment of the cost of re-supplying the listing or acquiring an equivalent listing.
• To the extent permitted by law, The Small Business Finder will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with your listing in the Business Directory, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• You agree to defend, indemnify and hold harmless The Small Business Finder , its employees and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any claims, including negligence, made by third parties against The Small Business Finder arising out of a breach or alleged breach of this agreement or of any representation or warranty contained in this agreement.
• Any notice required to be given under this agreement must be in writing and sent to The Small Business Finder email at firstname.lastname@example.org or your email as given on the Business Submission form. The notice will be deemed to have been received on receipt by the sender of an acknowledgment indicating that the mail item was read by the recipient.
• This agreement is governed by the laws of All Australian states and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of All Australian states.
• If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.
• This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
• This agreement contains the entire agreement of the parties with respect to its subject matter.