Access and use of the simsys.com.au web site is subject to the following:

Copyrights and Trademarks
The information, data, software, photographs, graphs, video, typeface, graphics, images, illustrations, designs, icons and other material contained on this site are owned and copyrighted by SimSys .

© 2005-2007 SimSys . All rights reserved. Reproduction or storage of information or works retrieved from this site, in all forms, media, technology now existing or hereafter developed is subject to the Copyright Act 1968.

SimSys and other names of SimSys products and/or services referenced herein are trademarks of SimSys . The use of any name, trademark, service mark, logo, symbol or other proprietary or marking belonging to any other person or entity on this site should not be construed as an endorsement or sponsorship of this site by any such person or entity or the participation by any such person or entity in the offering of goods, services or information through this site.

SimSys authorizes users to copy materials published on the site for personal non-commercial use provided all appropriate copyright, notices and disclaimers are contained therein. Permission to use the SimSys name or any information provided in this site in advertising or publicity is not granted without specific, prior written permission. All images contained herein are owned or licensed by SimSys for use on this site only. Unauthorized use of any images is prohibited.

Applicable Laws
The terms and conditions of this site shall be governed by and construed in accordance with the laws of the State of Victoria. If any provision of these terms of use shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed void but shall not effect the validity and enforceability of the remaining provisions.

Disclaimers
The information provided is presented “AS IS” and may include technical inaccuracies or typographical errors.

SIMSYS WILL MAKE ALL REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PRESENTED ON SIMSYS.COM.AU IS ACCURATE AND UP TO DATE BUT MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCES (EITHER EXPRESSED OR IMPLIED) AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PRESENTED. SIMSYS WILL NOT BE LIABLE FOR ANY DAMAGE OR INJURY THAT MAY ARISE FROM USE OF OR RELIANCE UPON ANY INFORMATION PROVIDED ON THIS SITE OR FROM YOUR INABILITY TO ACCESS THE SITE. SIMSYS ASSUMES NO RESPONSITILITY AND WILL NOT BE LIABLE FOR ANY DAMAGE OR INJURY TO YOU, OR YOUR EQUIPMENT INCLUDING BUT NOT LIMITED TO VIRUSES OBTAINED THROUGH ACCESS OF THIS SITE OR FROM DOWNLOADING MATERIALS PROVIDED ON THIS SITE.

The simsys.com.au web site may contain links or references to other web sites operated by parties other than SimSys . Such links are provided for reference only. These sites are not under the control of SimSys and SimSys accept no responsibility for the information provided on these sites. All links are provided as a convenience and are not to be construed as an endorsement of the content contained in the linked site. Linking to these sites is at user’s own risk.

simsys.com.au is provided as a service to its users and customers. SimSys reserves the right to add, delete and/or modify any information on the site at any time without prior notification.

Use of Information
Please review our Privacy Policy for facts on information used on this site. Any communication sent to this internet site or otherwise to SimSys by electronic mail is on a non-confidential basis, and SimSys is under no obligation to refrain from reproducing, publishing or otherwise using such communication in any way or for any purpose. SimSys shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services.

The sender of any communications to this internet site or otherwise to SimSys shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

SimSys is committed to responsible privacy practices, to complying with the National Privacy Principles contained in the Privacy Act 1988 (Cth) and all other applicable legislation governing privacy. Where appropriate, SimSys will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in other legislation.

Our respect for our customers' privacy is paramount. We have policies and procedures to ensure that all personal information is handled in accordance with the National Privacy Principles.

This Privacy Policy sets out our policies on the management of personal information - that is, how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed.

What is personal information?
Personal information is information that could identify you. Examples of personal information include your name, address, telephone number, fax number and email address.

If you consent, we may use your information in order to keep you up to date with information about us and our products and services.

We may also collect personal information from you through transactions you have with us directly, such as online through our website. Where we do this, we will endeavour to inform you why we are collecting your personal information, how we use that information and to whom we intend to disclose it.

What happens if you don't provide personal information?
Generally, you have no obligation to provide any personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with the products and services that depend on the collection of that information. As an example, if you did not provide the personal information requested on your product(s) purchase, we would be unable to notify you directly of a product corrective action affecting your product(s).

To whom do we disclose personal information?
We engage third party service providers to perform functions for SimSys . Such functions include mailing, delivery of purchases, credit card payment authorization, trend analysis, external audits and market research.

For our service providers to perform those functions, it is sometimes necessary for us to disclose your personal information to those suppliers. Where disclosures take place, we work with these third parties to ensure that all personal information we provide to them is kept secure, is only used to perform the task for which we have engaged them and is handled by them in accordance with the National Privacy Principles.

How do we protect personal information?
At all times, we take great care to ensure your personal information is protected from unauthorized access, use, disclosure or alteration.

We endeavour to ensure that our employees are aware of, and comply with, their obligations in relation to the handling of personal information. Only properly authorized employees are permitted to see or use personal information held by SimSys and, even then, only to the extent that it is relevant to their roles and responsibilities.

Your personal information will not be sold to any other organization for that organization's unrelated independent use. Further, we will not share your personal information with any organizations, other than those engaged by us to assist us in the provision of our products and services (as described above).

What about information you provide in job applications?
If you submit a job application to SimSys , we will use the information provided by you to assess your application. SimSys may disclose the information contained in your application to contracted service providers for purposes such as screening, aptitude testing, medical testing and human resources management activities.

As part of the application process, you may be required to complete a pre-employment health questionnaire. In certain circumstances, you may also be asked to undergo a pre-employment medical assessment. In that case, you will be asked to give specific consent for SimSys to disclose your questionnaire to its service providers for the purposes of arranging the medical assessment and for the relevant service providers to disclose the results of the assessment to SimSys .

If you refuse to provide any of the information requested by SimSys , or to consent to the disclosure of the results of your medical assessment to SimSys , we may be unable to consider your application.

SimSys may also ask you whether you agree to your personal information being provided to appropriate SimSys suppliers so that you may be considered for positions with those suppliers which are relevant to your qualifications and experience.

Is the personal information we hold accurate?
We endeavour to maintain your personal information as accurately as reasonably possible. However, we rely on the accuracy of personal information as provided to us both directly and indirectly. We encourage you to contact us if the personal information we hold about you is incorrect or to notify us of a change in your personal information.

How can you access or correct the personal information we hold about you?
Wherever possible and appropriate, we will let you see the personal information we hold about you and correct it if it is wrong. If we do not allow you access to any part of the personal information we hold about you, we will tell you why.

If you wish to obtain access to your personal information held by us, or to request us to correct any errors in that information, please 'contact us'.

Who should you contact if you have concerns about our handling of personal information?
If you have any queries or concerns about the manner in which we have handled your personal information, please write to:

Administration
SimSys
POBOX 44, Kew,
VIC, Australia, 3101

We will send you written acknowledgement of your correspondence. We will investigate your query or concern and will advise you of the steps we have taken to answer or resolve it.

Changes to our Privacy Policy
We may change our Privacy Policy from time to time at our discretion and without notice. At any time, the latest version is available from our website at www.simsys.com.au.

OUR INTERNET PRIVACY COMMITMENT
Information regarding SimSys privacy practices
This document describes SimSys 's policy regarding information received about you during visits to our web sites. The amount and type of information received depends on how you use our sites. This website contains links to other sites. This privacy statement is for this web site only. We encourage you to read the privacy statements of each website that collects your personally identifiable information.

Normal website usage
The only information we collect and store during normal website usage is the name of your internet service provider (ISP), the web site that referred you to us, the pages you request and the date and time of those requests. We use this information to generate statistics and measure site activity to improve the usefulness of customer visits. During normal web site usage we do not collect or store personally identifiable information such as name, mailing address, email address, or phone number.

Collection of personally identifiable information
There are instances where SimSys requests personally identifiable information to provide the web site visitor with a service or correspondence (for example, promotions and mailed brochures). This information, such as name, mailing address, email address, type of request and possibly additional information, is collected and stored in a manner appropriate to the nature of the data by SimSys and is used to fulfil your request. If you tell us that the information should not be used as a basis for further contact, we will respect your request. The information you provide is used by SimSys to improve the services we provide you. It is never provided to any other company for that company's independent use. Information which SimSys holds about you may be transferred overseas to SimSys ‘s secure facilities. If your information is transferred overseas it will remain subject to strict security safeguards. For further information regarding SimSys 's handling of your personal information or to request a copy of SimSys 's privacy policy or information we hold about you, please contact SimSys .

Use of "Cookies"
simsys.com.au may use a technology called "cookies" to optimise your on-line experience. The use of cookies is an industry standard, and you'll find cookies at most major web sites. A cookie is a small data element stored by your web browser on your computer system. If selected by you, simsys.com.au will store your username and password in a cookie to enable you to be automatically logged in when you return. www.simsys.com.au cookies do not store your email address or other personal information about you.

SimSys 's Internet Services
To use SimSys 's Internet Services, we may require a certain amount of personally identifying information (examples are: name, address, business name, etc.) that we can use to verify you as a SimSys Customer (or to meet your request). We use this information to identify and access data in the existing relationship we have with you to provide you with the requested services. We request electronic mail addresses (email) as an alternate means of contacting you.

Electronic mail sent to us that contains personal information
Internet users may decide to send SimSys personally identifying information, for example, in a message containing information about your SimSys product or service. SimSys will only use this information to identify the user as a SimSys customer and to determine how to respond to the electronic mail. We will not use this information other than to resolve the matter identified in the email.

We may change our Privacy Policy from time to time at our discretion and without notice. At any time, the latest version is available from our website at www.simsys.com.au.

1 Authorization
The Client is engaging SimSys , as an independent contractor for the specific purpose of designing a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on a SimSys registered Internet Service (IS)/Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The Client hereby authorizes SimSys to access this account, and authorizes the Hosting Service to provide SimSys , with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes SimSys to submit the completed Web Design Project to major Web Search Engines, own portfolio, awards agencies and other groups for similar internet purposes.

2 Development
This Web Design Project will be developed using various commercial software products and proofed by hand.

3 Browser Compatibility
Designing a website to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. SimSys represents and warrants that the website we design for you will work in:
- Microsoft Internet Explorer versions 6 to 7
- Mozilla Firefox version 1 to 2

While SimSys will make reasonable efforts to design a fully functional website, SimSys ’s warrantee does not cover AOL, text-based browsers or requested special effects that we have advise you against.

4 Accessibility for People with Disabilities
SimSys ’s standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

5 Assignment of Web Design Project
SimSys reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms and conditions are met as well as on-time completion.

6 Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to SimSys for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend SimSys and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

7 Website Maintenance
These terms and conditions allow for minor website maintenance to pages over a 3 month period, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects.

8 Completion Date
SimSys and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 45 days after Client has submitted all necessary materials. If the Client does not supply SimSys with complete text and graphics content for this Web Design Project within 60 days of the effective date of acceptance, the entire deposit amount of the shall be retained by SimSys as liquidated damages and the contract shall become null and void, at SimSys ’s option, unless the Web Design Project is cancelled in writing by the Client prior to 60 days of the effective date of the terms and conditions.

9 Project Delivery
The final website design project will be published to the Client's hosting service upon receipt of final payment. The Client understands that SimSys ’s hosting services require a separate contract. The Client agrees to utilize SimSys ’s hosting and domain service with all new and outstanding domains names and hosting requirements where internet orientated work is carried out by SimSys . The Client allows SimSys full access to the Client's account via CPanel and FTP. The Client will be solely responsible for any and all hosting service charges.

10 Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend SimSys and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

11 Web Design Project Copyright
SimSys will own copyright to the finished web design site produced by SimSys . The Client will be assigned rights to use the Web Design Project as a website, once final payment under these terms and conditions and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. SimSys and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. All Web Design Projects will contain a copyright/legal statement with a link to SimSys 's Web Site.

12 Payments
Payments must be made promptly based on the terms of this Website Design Project. SimSys reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. These terms and conditions are effective upon acceptance. Regardless of the location business, the Client agrees that for purposes of venue, these terms and conditions were entered into in Melbourne, Victoria, Australia, and any dispute will be litigated or arbitrated in Melbourne, Victoria, Australia, and the Client hereby consents to the personal jurisdiction of the Victorian State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. Adding of Meta Tags (Description and Keywords) and the submission of the Web Design Project to Web search engines and updating occur only after the full final payment is made. All payments will be made in AU Dollars.

13 Payment Schedule
Payment for services provided hereby shall be made in accordance with the conditions contained in this document. Notwithstanding any prices listed in literature or on Web pages, the Client and SimSys agree that the services described in these conditions shall be completed for the quoted amount. The Client agrees to pay to SimSys an initial, non-refundable deposit of 50% of the estimated total cost or a minimum of $300.00) upon execution of acceptance. Final payment is due prior to publication and/or delivery of the Website Design Project. All amounts must be in AU Dollars.

14 Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither SimSys nor any of its employees or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Web Design Project is with the Client. In no event will SimSys be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, Third Party Software/Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if SimSys has been advised of the possibility of such damages.

15 These Terms and Conditions
These terms and conditions constitute the sole agreement between SimSys and the Client regarding this Web Design Project. Any additional work not specified or any other amendment or modification must be authorized by a written request signed (digital signature, email, or hand) by both Client and SimSys .