Terms and Conditions

Docsaway, Docsaway.com and http://www.docsaway.com are trading names of QiQ Communications PTY LTD ('QiQ', 'we', 'us' and 'our'). QiQ Communications PTY LTD is registered a registered business in Australia and our business number is 67 113 045 247 with a registered address of QiQ Communications PTY LTD, 45 Ena Street, Terrigal, NSW, 2260, Australia.

The user of the Docsaway service is referred as The Client. The Client must agree to our terms and conditions prior to placing an order with Docsaway. These terms and conditions also apply for orders placed though websites in association with Docsaway directing traffic to this site.

1. Part A: General Terms and Conditions
1. General
1. We do not review messages or confirm the validity of information received. We are not responsible for any documents posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Docsaway or any entity associated with us.
2. The client agrees, through use of this service, that they will not use this service to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violating any law.
3. The client agrees to respect and conform with the British Malicious Communications Act.
4. The client agrees not to post any copyrighted material unless the copyright is owned by them or by Docsaway.
5. Although this service does not review the content of all messages posted and is not responsible for the content of any of these messages, Docsaway reserve the right to delete any message for any or no reason whatsoever. The Client remains solely responsible for the content of messages, and agrees to indemnify and hold harmless this service, (the makers of this service and its software), and their agents with respect to any claim based upon transmission or delivery of message(s).
6. Docsaway reserve the right to reveal the clients identity (or whatever information we know about the client) to the authorities in the event of a formal complaint or legal action arising from any message posted by the client.
7. Docsaway reserve the right to re-route documents via any location when operational requirements prevent documents being delivered from the clients preferred location. The difference in cost between the original and new location for document processing will either credited or debited from the clients account depending on the price difference.

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2. Fees
1. The client will be charged by credit card, or other methods of money transmission, for the use of Docsaway. Payment will be charged by Docsaway before the service will be made available. In the event of any failure by the client to make payment or arrange a credit card with available credit, correspondence will not be processed.
2. Use of our service implies authorisation to use the credit card that is being used for this service. Non-authorised use of a credit card will be considered fraudulent and give us grounds for the consideration of legal action.
3. A credit balance for Docsaway expires 180 days after the last chargeable use of the Docsaway Credit. Credit balances that are not used within the said 180 day period will be lost.

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3. Renewal
1. Renewal of The Agreement and acceptance of any additional orders shall be at Docsaways sole discretion. Pricing for any renewal period is subject to change by Docsaway from time to time. Renewal of the term will be continued automatically, unless the client cancels service, in accordance with the cancellation terms. The Docsaway service can be withdrawn at anytime without notice.

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4. No Assignment or Resale of Software
1. The client may not resell, re-use, assign or transfer any of the images, data or programming code created for or associated with Docsaway without written consent. Any attempt to resell, assign or transfer such data shall result in immediate termination of this contract, without liability to Docsaway.

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5. Limitation of Liability
1. In the event that Docsaway fails to publish a product line in accordance with the schedule agreed upon pursuant to this Agreement (or in the event of any other failure, technical or otherwise, of such product to appear as provided in this Agreement), the sole liability of Docsaway shall be limited to the purchase price of the transaction.
2. In no event shall Docsaway be responsible for any consequential, special, lost profits or other damages arising from any failure to timely publish any product in accordance with this agreement. Without limiting the foregoing, Docsaway shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of Docsaway affecting production or delivery in any manner.
3. Clients are joint and severally liable for all documents produced via an Docsaway account. It is the clients responsibility to keep passwords, user names and Docsaway codes confidential. The primary account holder is liable for all costs and expenses relating to the use of the Docsaway account, including usage by additional users authorised access to the account by the primary account holder.

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6. The Client Representations; Indemnification
1. The client agrees to indemnify and hold Docsaway harmless against any and all expenses and losses of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices) and /or any material of The Client to which users can access through the service.

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7. Provision of Materials and Information
1. The client will provide all necessary materials and information, in accordance with Docsaway's policies in effect from time to time including (without limitation) the manner of transmission to Docsaway and the time prior to release of the service. Docsaway shall not be required to publish any service that is not received in accordance with such policies.

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8. Client Data
1. Although Docsaway owns the data storage, databases and all rights to the Docsaway application, we will never sell or share client data with any third-parties, or contact clients contacts directly. We will also not utilize client data in our databases to market to client contacts, advertise to, or contact them for any other means of profit. We respect the privacy of our subscribers, and the privacy of their client data.
2. Docsaway.com and QiQ Communications PTY LTD takes the security and privacy of its systems and its customer's data very seriously. In order to do this we utilise both process and technology to secure such systems and data. Both are under constant review to ensure we provide a quality service to our customers.
3. Parliament has created specific offences for unauthorised actions against computer systems and data. Docsaway will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

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9. Right to Reject Client
1. All contents of the service are subject to Docsaway's approval. Docsaway reserves the right to reject or cancel any client, at any time.

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10. Cancellations & Refunds
1. Clients using the Docsaway subscription service must contact Docsaway before the next billing period to cancel the service. The client will not be billed for any cancellation, and there are no term commitments. No refunds will be made on services already paid for, and service fees will not be prorated. Additionally, any setup fees charged will not be refunded.
2. The product being sold is actually a "service". The service is completed soon after the form has been submitted. For this reason, refunds are not possible because the service may have already occurred by the time we are notified. We reasonably make the assumption that information provided to us is correct and cannot give refunds for incorrect or obsolete information or addresses. It is the clients responsibility to supply a current and correct address because the information cannot be validated by Docsaway. Acceptance of the clients data from our website does not indicate that information is correct or valid. Missing data or local spellings and abbreviations are used entirely at the clients own risk.
3. Orders that are missing vital information or that have data fields that have become corrupt may not be processed. Orders that cannot be processed will be deleted. Liability will be for only the price of the requested transaction. Under normal circumstance, all orders will be processed regardless of apparently missing address information. It is impossible for QiQ Communications PTY LTD, trading as Docsaway to analyse the validity of any address due to the limitless permutations, spellings, and abbreviations found throughout the world. QiQ Communications PTY LTD, trading as Docsaway assumes the user is aware of the importance of an accurate address and the use of any postal codes that are available, and is therefore accepting the risk of no delivery.
4. Documents which get returned to Docsaway due to incorrect or obsolete address information will be discarded, with no refund. Documents which get lost in the postal system and are never delivered or returned will not be refunded.
5. Docsaway reserves the right of limited censorship. Although we do not and cannot review all the messages processed by us, we will not knowingly send text or images of a sexually inappropriate or unlawful nature. We reserve the right to cancel the clients order and refund to their credit card. Liability will be for only the price of the requested transaction. As with all automated processes, we can never guarantee that the content of any document will be monitored by a data processor and therefore can never be responsible for the content of the documents.
6. Refunds will be given at the discretion of the company management.

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11. Construction
1. No conditions other than those set forth in this agreement shall be binding on Docsaway unless expressly agreed to in writing by Docsaway.

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12. Availability
1. Unless otherwise stated, the products and services featured on this web site are available worldwide, except where prohibited by law. Provided financial transactions are conducted by financial agencies recognizable and authorized by QiQ Communications PTY LTD, trading as Docsaway.
2. Product delivery to final destination is not guaranteed. Docsaway only guarantees delivery to the local Post Office. Delivery addresses given must be current and proper legal addresses, recognised by the local postal establishment, or delivery may not be possible. Service is void where prohibited by political intervention or international sanctions.

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13. Disclaimer
1. Docsaway, is making an "invitation to treat" as described under Australian law. The services and products described by this web site, and Docsaway does not constitute an "offer". There is no contractual agreement.
2. The information on this web site is provided "as is", with no warranty or representation of any kind, express or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. QiQ Communications PTY LTD trading as Docsaway, is a Australian Limited Company, has made all reasonable efforts to ensure that information provided through this web site is accurate at the time of inclusion, however it accepts no liability for any inaccuracies or omissions in this web site. The information available on this site may be incomplete, out of date or inaccurate. For specific information or confirmation, please contact support using our support form. Docsaway reserves the right to make changes and corrections at any time without notice. It is a condition of allowing the client free access to the material on this web site that Docsaway will not be liable for any loss or damage of any kind, including direct, indirect, special and consequential loss or damage of any kind, arising from the use of this information obtained either directly or indirectly from this web site.
3. Docsaway, is not responsible for the content of any other organisation's web site whose links are contained within this site. The inclusion of any such link does not imply an endorsement by Docsaway, of the linked site.
4. Docsaway, is not responsible for the content of any of the documents produced by its service. The process is highly automated and relies on the integrity and honesty of its clients. Full cooperation by Docsaway, will be given to any legal investigation of criminal activity utilizing our service.
5. The above exclusions and limitations apply only to the extent permitted by law. None of the clients statutory rights as a consumer are affected.

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14. Trade Mark and Copyright Notices
1. The Docsaway name and logo and text are unregistered trade marks of QiQ Communications PTY LTD, trading as Docsaway of Australia and other countries. The names of the goods and services of Docsaway featured on this web site are unregistered trade marks of QiQ Communications PTY LTD, trading as Docsaway and its licensors.
2. This website is a copyright work of QiQ Communications PTY LTD, trading as Docsaway. The contents of this web site are © QiQ Communications PTY LTD, trading as Docsaway and its licensors 2003 - 2024.

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15. Miscellaneous
1. The Agreement, (i) shall be governed by and construed in accordance with, the laws of Australia without giving effect to the principles of conflicts of law; (ii) may be amended only by a written agreement executed by an authorised representative of each party; and (iii) constitute the complete and entire expression of the agreement between the two parties, and shall supersede any and all other agreements, whether written or oral, between the parties. If any of these terms are deemed invalid or unenforceable under applicable law, (including, but not limited to the warranty disclaimers and liability limitations set out above) then the invalid or unenforceable provision will be deemed severed from these terms and the remainder shall continue to apply. The client hereby consent to the exclusive jurisdiction of the Australian courts in all disputes arising out of the use of this web site.

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2. Part B: Affiliate Program
1. General
1. Please read these terms and conditions carefully before unitising our Affiliate Program. You should understand that by utilising our Affiliate Program you agree to be bound by these terms and conditions.
2. By using our Affiliate Program you warrant that:
1. you are legally capable of entering into binding contracts; and
2. you are at least 18 years old.
3. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

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2. Definitions
1. The following terms are defined for the purposes of this agreement between QiQ and the Affiliate:
2. Account: legitimate participation in the QiQ Affiliate Program pursuant to registration by the Affiliate with full and accurate indication of the content registration information.
3. Valid Click: a click is valid if a User on a Affiliate website voluntarily and knowingly clicks on a tracking link for the QiQ Affiliate Program and is directed to the QiQ website. Determination of valid clicks is based on the QiQ transaction log system and verified by QiQ with reasonable discretion.
4. Valid Sale: a sale is valid when a User makes a valid click on the QiQ website and voluntarily and knowingly buys contract products subject to charge. Valid sales are determined like valid clicks using the QiQ transaction log system and verified by QiQ with reasonable discretion.
5. Tracking-Link: employed by the QiQ Affiliate Program for use by the Affiliate such that the Affiliate may present content on its website identifying reference to the QiQ website. The link is used exclusively by Affiliates in its unchanged form.
6. Tracking-Cookie: with a valid click on a tracking link, a tracking cookie is downloaded on the User’s computer if permitted by the browser settings. The tracking cookie contains information about the last valid clicks and, through the QiQ transaction log system, can be used to retroactively credit the valid sale of a Affiliate.
7. Pay-Per-Sale Affiliate Program (pay per Valid Sale): by implementing a QiQ tracking link on the Affiliate website and forwarding visitors from the Affiliate website to the QiQ website via a valid click, thereby arranging the sale or use of QiQ contract products, the Affiliate is entitled to payment corresponding to the current compensation table.
8. User: any natural person who voluntarily and knowingly, without coercion or deception from the Affiliate or third-party compensation, with the exception of a QiQ-designated bonus system, visits the Affiliate website and, subsequently through a tracking link, the QiQ website.
9. Contract Products: are paid goods or services to be offered by the Affiliate under this pay-per-sale Affiliate Program to the User.
10. QiQ-Site: is the specified URL of QiQ Communications PTY LTD, pointed to by the Affiliate tracking link, under which QiQ sells contract products and promotions online per the general terms of the Affiliate Program.

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3. Remuneration
1. QiQ pays remuneration for Affiliate services, the amount to be determined by the current compensation table of this agreement.
2. The remuneration referred to in the compensation table equals net price plus value added tax, where applicable.
3. Multiple remunerations for contract products from pay systems other than QiQ are prohibited. Only net contracts where the contract is activated are considered eligible sales.
4. QiQ determines amount of compensation according to market conditions, with reasonable discretion. Changes in remuneration occur at the beginning of the calendar month with a prior notification period of two weeks. Contracts already in effect are excluded from the revised compensation rates.
5. A payment claim occurs when a contract generated through a Affiliate is carried out over a period of at least 60 days. Payment claim is possible only when the Customer provides payment to QiQ for contracted products for a period of 60 days (the minimum period). Previous periods (up to three months) where the Customer was released from, or credited for, the monthly fee, for example as part of a promotion, are not counted towards the minimum payment period described here.

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4. Tracking and Reporting
1. The placement of tracking cookies occurs only after a valid User clicks on a QiQ advertisement which takes the User to the destination website through a hyperlink. QiQ reserves the right to allow individually selected Affiliates exemption from these tracking cookies. Any registration differing from paragraph 8.2 of this agreement requires a separate written consent from QiQ.
2. The duration of the tracking cookie is 90 days. Per the requirements of Section 8.2, a tracking cookie can only be overwritten by a new cookie (“last cookie wins” logic).

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5. Rights of the Affiliate
1. Mediated contracts for products are exclusively between the Customer and QiQ. QiQ reserves the right to refuse Customers from its Affiliates.
2. The Affiliate is not entitled to accept offers, make or answer statements, or act on behalf of QiQ.
3. Contract design and settlement with the End Customer is the sole and absolute decision of QiQ. If the contract with the End Customer, through acts or decisions of QiQ, is prematurely terminated or otherwise not fully implemented, the Customer will have no right to objections or claims regarding possible recovery of compensation.

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6. Obligation of Affiliates to QiQ
1. The Affiliate is under obligation, using all technical possibilities, to design and present its website, including all entries in search engines, directories, and link lists, to third parties in such a way that only valid User clicks and/or valid sales are generated on the QiQ website.
2. QiQ provides the Affiliate with the required tracking links. The Affiliate is not permitted to change the QiQ-provided HTML code or banner. The provided advertising materials may only be used on the websites of Affiliates. The use of this advertising is only permitted in connection with this agreement. Any disclosure of information or advertising to third parties is not permitted.
3. The linking of advertising material shall be allowed only on defined QiQ landing sites (so-called “landing pages“).
4. In addition to paragraph 6.2, the use of names, registered and unregistered trademarks, service marks, and/or logos of QiQ is generally permitted only if the Affiliate receives prior consent from QiQ. In particular, the Affiliate is not permitted to use the brand called Docsaway o QiQ, even in a modified spelling, as part of a domain or subdomain. The Affiliate is obligated to ensure its website does not violate intellectual property rights, including copyrights, as well as any applicable laws pertaining to data protection.
5. The use of the name, registered and unregistered trademarks, or service marks of QiQ in search engine marketing is not permitted. The advertising of branded keyword “docsaway” with the visible URL, other QiQ business domains, and so-called “Keyword Typos” are not permitted. Moreover, it is not permitted to link directly from search ads to the QiQ or Docsaway site.
6. Regarding the optimization of its website, the Affiliate must comply with relevant guidelines of search engines, especially for pages which link to the landing page of the QiQ Affiliate Program. Any techniques performed only for the purposes of improving the search engine ranking of the Affiliate site or which are misleading to the User, or which are of no use are prohibited. The uses of special hidden text or links, irrelevant keywords, unnecessary repetition of substantially identical content on multiple pages or under subdomains and domains, and “doorway pages” that are optimized for search engines (“cloaking”) are inadmissible in this context.
7. The sending of e-mails by the Affiliate with advertisements for QiQ pr Docsaway is permitted only in accordance with legal requirements.
8. The Affiliate is obligated to include a provider ID with business offers. The Affiliate is obligated to ensure its website is in accordance with all laws regarding consumer protection. Violence, sexually explicit or pornographic content, discriminatory statements and representations with respect to race, sex, religion, nationality, disability, sexual orientation, or age are not allowed on the website of the Affiliate and/ or in connection with participation in the Affiliate Program. In particular, advertising without permission on sites that distribute royalty-proprietary content such as music or videos (for example, P2P sites or file-sharing services) is prohibited. The design of the Affiliate website is not permitted to negatively affect the reputation of QiQ or the reputation of its good or services, brands, or business activities.
9. QiQ is intent on conveying a clear brand image for its End Customers. The Affiliate is not permitted, without written consent from QiQ, to tie in and/or combine QiQ products with its own offers or offers from third parties and advertise or offer them as retail items to the End Customer.
10. A Affiliate is not permitted to load the QiQ or Docsaway website in an iFrame within its website.
11. The above provisions also apply to Affiliate referrals through links to third-party sites.
12. The Affiliate can place the tracking link for the QiQ site on its website at any time in any number. QiQ may, however, require Affiliates to change the placement of the tracking link if it affects the reputation of QiQ business activities, goods or services, or the QiQ brand name.

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7. Confidentiality
1. Unless otherwise provided for in this agreement or without written consent of the other party, all information which the collaborating parties contribute to this transaction, including the rules of the agreement, commercial and financial information, customer and vendor list data, and pricing and sales information, is treated as strictly confidential.
2. Under this agreement, information gained about Customers/Users may only be used for billing purposes by Affiliates of QiQ. Other uses, particularly for marketing or sales purposes, are not permitted.