This Website is owned and operated by The Institute of Digital Design Australia Pty Ltd (ACN 143 137 115) (“IDDA, us, our or we”), trading as ArchiStar.
In these Terms
LIMITED LICENSE TO USE
In these agreement
In this Agreement, unless the contrary intention appears:
2.1 The Initial Term shall commence on the Commencement Date and continue for the period specified in the Product Schedule.
2.2 Subject to subclause 2, this Agreement will automatically renew for further periods of 1 year unless either party provides at least 90 days' notice in writing prior to the expiry of the Initial Term or any subsequent term if it wishes to terminate the Agreement pursuant to this subclause.
2.3 Following the Initial Term, either party may terminate this Agreement by providing at least 90 days’ notice in writing. If Subscriber delivers a written notice to terminate under this clause, Subscriber must also deliver payment for the entire 90 days’ notice period.
2.4 Renewal of this Agreement pursuant to subclause 2.2 is subject to the consent of IDDA. Subscriber agrees that IDDA may require an adjustment of the Charges as a condition of providing its consent to renewal.
3.1 In consideration of the Subscriber’s payment of the Charges, IDDA grants the Subscriber a limited, non-exclusive, non-transferable Subscription for the Term within the Territory on the terms set out in this Agreement.
3.2 The Subscription at clause 3.1 is limited to the Modules indicated in the Product Schedule.
3.3 Subject to this Agreement and to the extent specified in the Product Schedule, IDDA will also provide Subscriber with any Management Services specified in the Product Schedule
3.4 Subscriber agrees that it may only acquire and make use of the Services for the sole purpose of meeting the internal business needs of its business.
3.5 IDDA will set up a separate account for the Subscriber within the Application and provide the Subscriber will any usernames, passwords or other information required for the Subscriber to enable Permitted Users to properly use and access the Application.
3.6 Other than for IDDA’s obligation to give Subscriber access to the Application as part of the Services, if any consents (which may include, without limitation, consents for IDDA to access use, store and disclose Subscriber Data) are required for IDDA to provide the Services, Subscriber must procure those consents for IDDA. IDDA’s obligations to provide the Services are conditional on those consents having been procured. Subscriber shall comply with IDDA’s reasonable written requests for confirmation of this.
3.7 IDDA may configure its system and determine the nature and manner of its internal technical support in its discretion. Subscriber agrees to comply with such access and use procedures (including as to communications and security) as IDDA notifies Subscriber from time to time.
3.8 Other than an expressly permitted by this Agreement shall not do or permit anything to be done in respect of the Application or the Services. Without limiting the preceding sentence, Subscriber shall not:
3.9 Subscriber shall use reasonable efforts to prevent unauthorised third parties from accessing the Services.
3.10 Subscriber agrees that the access rights of any Permitted User to use the Services (for example on a named or password-enabled basis) cannot be shared or used by more than one individual, unless the right is reassigned in its entirety to another individual Permitted User in which case the first user shall no longer have any right to access all or any part of the Services.
3.11 Subscriber agrees that IDDA operates a "fair use policy" in relation to the disk storage space and data usage to be made available to it for the purposes of this Agreement. If, in IDDA's sole opinion, Subscriber's usage of disk storage space or data usage is deemed to be unreasonable or excessive, Subscriber agrees to comply with any notice from IDDA (giving at least 7 days in advance) for any changes to IDDA’s practices, policies and limits relating to disk storage space and data usage.
3.12 Subscriber agrees not to make or permit any use of the Services in a way which is unacceptable. Use is unacceptable if:
Subscriber agrees that IDDA may immediately suspend all or any part of the Services, and remove or disable access to anything that contravenes those restrictions or is otherwise in breach of this Agreement
4.1 The Subscriber may only:
4.2 The Subscriber must appoint an administrator who will be responsible for issuing a separate user ID and password for each Permitted User.
4.3 Except as otherwise permitted under this Agreement, the Subscriber must not:
4.4 The Subscriber agrees that with regard to any information or material it adds or uploads to the Subscriber's Services Account (Content) it will ensure:
4.5 IDDA reserves the right to remove any Content without notice.
4.6 The parties agree that IDDA is not responsible for and does not endorse, approve or make any warranty or claim regarding any third party content contained, displayed in or linked to the Services.
4.7 The Subscriber shall fully indemnify and hold harmless IDDA, its Related Bodies Corporate, and their respective Personnel, against any claim, liability, cost, loss or damage whatsoever arising out of any breach by the Subscriber of this Agreement or other act or omission of the Subscriber, including without limitation in relation to any claim that any modifications made by the Subscriber infringe any Intellectual Property rights or other rights of any third person.
4.8 IDDA will not be liable, in any respect, for any modifications to the Services made by or on behalf of the Subscriber or any claim, liability, cost, loss or damage resulting from or arising directly or indirectly out of any such modifications.
4.9 The Subscriber is responsible for use of the Services by Permitted Users and any other users of the Subscriber's the Account. The Subscriber must ensure those parties comply with the Subscriber's obligations under this Agreement. The parties agree that any breach of this Agreement by a Permitted User or any other user of the Subscriber's Account will be treated as a breach of this Agreement by the Subscriber.
6.1 IDDA shall make backup copies of Subscriber Data.
6.2 IDDA shall on reasonable notice make Subscriber Data and related data, documentation or records maintained on behalf of Subscriber available for inspection by Subscriber or Subscriber's auditors.
6.3 Subscriber agrees to pay any Additional Charge invoiced by IDDA in respect of the services provided pursuant to clauses 6.2 and 6.3.
6.4 If Subscriber provides any Subscriber Data to IDDA, Subscriber grants to IDDA and its service providers a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make derivative works of, and otherwise commercialise and exploit, the Subscriber Data.
6.5 The Application is intended only as a guide to further investigation for the sole use of the Subscriber.
6.6 The information set out in the Application has been prepared using information derived from a variety of internal and external sources and may be based on assumptions. IDDA does not warrant the accuracy or completeness of any of the information and does not accept any legal liability or responsibility for any injury, loss or damage incurred by the use of, or reliance on, or interpretation of the information contained herein. To the extent that the Application includes any statement or figure as to a future matter, that statement or figure is provided as an estimate and/or opinion based upon the information known to IDDA at the date of preparing the Application and assumptions which may be incorrect.
6.7 The recipient accepts to use the Application on the condition that they will make their own enquiries, advice, assessment and investigations about the matters contained in the Application and make any additional enquiries or investigations it deems necessary or appropriate in order to verify the accuracy and completeness of the information presented in this Application. The recipient represents to IDDA and its respective officers, employees, partners, directors, representatives, agents and advisers (each a Relevant Person) that it is not relying on any recommendation or statement by IDDA or any other Relevant Person.
6.8 Each Relevant Person expressly disclaims, to the fullest extent permitted by law, any and all liability for any loss, damage or cost (whether direct, indirect or consequential) suffered or incurred by any person relying on the Application or in connection with the provision or contents of the Application including as a result of any omission, inadequacy, insufficiency or inaccuracy in the contents of the Application. The recipient agrees that it irrevocably releases each Relevant Person in relation to any claims, actions, damages, judgments, losses, remedies or other matters whether in contract, negligence, tort, under statute, equitable relief or otherwise, in connection with the provision or contents of the Application or the purported reliance on the Application by the respondent.
6.9 Subscriber agrees that it has sole responsibility for the accuracy, quality, integrity, legal compliance, reliability, appropriateness and rights ownership in all Subscriber Data. Subscriber also agrees that there are limitations to the Application’s and Services’ ability to assist in Subscriber’s business. Subscriber agrees that the Application and the Services do not detect faulty or aberrant input data, do not take into account all of the matters that should be considered in decision making regarding matters of relevance to Subscriber’s business and should not be used as a substitute for Subscriber’s independent and appropriately qualified decisions regarding matters of relevance to Subscriber’s business. Subscriber warrants that it will not make or permit any access to or use of the Application or Services unless it has in place appropriate strategies, in addition to (and not reliant on) its use of the Application and Services to manage all risks on its business.
6.10 Subscriber shall be responsible for providing its own Subscriber Access Facilities.
6.11 Subscriber warrants and shall ensure that all Subscriber Access Facilities meet the security standards required by IDDA from time to time and are and will remain free from any circumstances (including viruses) which may adversely affect IDDA, the Application or the Services and are otherwise reasonably appropriate for use in conjunction with the Services.
6.12 Subject to clause 17 (Confidentiality), IDDA owns all rights, including intellectual property rights, in anything developed or delivered under this Agreement.
6.13 Third party facilities, including software programs, may be necessary or appropriate for access to or use with the Application. Subscriber agrees that its right to make any use of such facilities is governed by the terms of the relevant third party licence/services agreement and not by this Agreement.
6.14 To the extent that the Subscriber Data include any Personal Information, the Subscriber warrants it has obtained consent and authority from the relevant individuals to use and disclose any Personal Information, and that use of the Subscriber Data will not put IDDA in breach of the Privacy Act.
6.15 The Application may use certain data provided by PSMA Australia
6.16 The Subscriber acknowledges that whilst PSMA Australia endeavours to ensure that PSMA Data is accurate and complete by using source data primarily from Australia's federal, state and territory governments and other reputable sources, such that the Product provided by IDDA is reliable, PSMA Data is provided to IDDA 'as is' and neither IDDA, nor PSMA Australia, nor Australia's federal, state and territory governments, nor any other providers of source data for PSMA Data make any representations or provide any warranties (express or implied) about the accuracy, completeness or fitness for any particular purpose of PSMA Data or that PSMA Data is without errors or faults.
6.17 IDDA, PSMA Australia, Australia's federal, state and territory governments and any other providers of source data for PSMA Data have no liability to the Subscriber or any Recipient (including liability in negligence) for any losses suffered (including any consequential loss, indirect loss or loss of profits or data) or expenses incurred by the Subscriber or any Recipient arising from:
6.18 To the extent permitted by law all statutory or implied conditions and warranties regarding PSMA Data are excluded; and liability under any condition or warranty which cannot legally be excluded is limited to IDDA and/or PSMA Australia, at its option:
6.19 The total cumulative liability of IDDA, ArchiStar, PSMA Australia, Australia's federal, state and territory governments and any other providers of source data arising from PSMA Data and this Agreement will not exceed the total amount of fees paid by the Subscriber under this Agreement.
6.20 If the Subscriber finds (or is informed of) an error in PSMA Data, it may contact IDDA to inform it of the error and the suggested correction. If the Subscriber provides this information to IDDA, it grants Subscriber and PSMA Australia a perpetual, irrevocable, world-wide, royalty-free licence to use and distribute that information to improve the accuracy of PSMA Data.
6.21 IDDA engages Third Party Providers of products and services in order to provide the Application (Third Party Providers). Subscriber agrees to comply with all requirements and restrictions that Third Party Providers may impose on the Subscriber directly, or indirectly by imposition on IDDA, in relation to their respective products and/or services, at the time of, or subsequent to, the Agreement. Subscriber acknowledges that provision of the Application is subject to, and dependent upon, adequate delivery of products and services by the Third Party Providers. Subscriber further acknowledges that, by entering into the Agreement, the Subscriber agrees to comply with the respective terms and conditions of Third Party Providers. Third Party Providers and their terms of supply may change from time to time during the Term of this agreement.
6.22 To the fullest extent permitted by applicable law, IDDA will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a Third Party Provider.
7.1 IDDA and its Affiliates own and will retain, or licenses and will retain licenses for, the Material.
7.2 IDDA and its Affiliates grants to the Subscriber a non-exclusive licence to use the Material during the term of this agreement in the Territory, on the terms and conditions set out in this Agreement.
7.3 The Subscriber hereby accepts the licence granted by IDDA and its Affiliates and agrees to use the Material during the term of this agreement in the Territory, in accordance with the terms and conditions of this Agreement.
8.1 Each party acknowledges and agrees that this Agreement does not have the effect of transferring the ownership of any Background IP of a party.
8.2 Subscriber grants to IDDA a limited, non- exclusive, licence fee-free, royalty-free licence to access and use the Background IP of the Subscriber to the extent that such a licence is necessary for the IDDA to use, commercialise and otherwise exploit the Materials as permitted by this Agreement.
8.3 IDDA acknowledges and agrees that nothing in this Agreement will restrict, prevent or inhibit the First Party from using its Background IP itself, or from granting licenses to third parties in respect of its own Background IP in its discretion.
9.1 The Subscriber agrees that ownership of all Materials and all associated materials and documentation automatically vest in IDDA immediately upon creation, without the need for any further formality or documentation. The Materials will be entirely the property of IDDA in perpetuity, throughout the world, free of any claim whatsoever by the Subscriber or any third party.
9.2 Any rights that the Subscriber may otherwise possess in the Materials (including all Intellectual Property Rights) will be deemed automatically assigned and transferred by the Subscriber to IDDA by this Agreement. The Subscriber agrees to execute any documents reasonably necessary to confirm this fact.
10.1 The Subscriber acknowledges and agrees that the Intellectual Property Rights comprised in and associated with the Materials which are made available by IDDA under this Agreement are owned solely by IDDA or its Affiliates and that the Subscriber has no right or entitlement to access, use or deal with these Intellectual Property Rights except as otherwise expressly provided for in this Agreement, and will not use such items without the prior written permission of IDDA.
10.2 Without limiting the obligations of the Subscriber under this Agreement, the Subscriber must keep the Intellectual Property Rights of IDDA and its Affiliates and other technical or proprietary materials provided by IDDA to the Subscriber confidential, and must only use such material to the extent required for the Subscriber to perform its obligations, and exercise its rights, under this Agreement. The Subscriber must not use such material or Intellectual Property Rights of IDDA and its Affiliates any other purpose without first obtaining the written consent of IDDA.
The Subscriber irrevocably consents to all possible uses by IDDA and its Affiliates (including adaptation, reproduction, editing, alteration, addition to and/or deletion from, rearrangement, transposition, translation) and exploitation of the Materials, and agrees not to enforce, and otherwise waives to the fullest extent legally possible, any Moral Rights that it may have now or in the future in respect of such items.
12.1 IDDA agrees to use its best endeavours to enforce and protect the Materials and the Intellectual Property Rights associated with the Materials throughout the world for the Term.
12.2 Each party must use its best endeavours to preserve the value and validity of the Material and relevant Intellectual Property Rights and must do all things reasonably necessary for the protection of the Materials and associated Intellectual Property Rights against de-registration or infringement.
12.3 The Subscriber agrees to do all things reasonably necessary to enforce and protect the Materials and associated Intellectual Property Rights.
12.4 The Subscriber must notify IDDA immediately after becoming aware of any suspected or actual infringement by any person of any of the Materials or any associated Intellectual Property Rights.
12.5 The Subscriber must provide (at its cost, unless otherwise agreed in writing by IDDA) all assistance and documents reasonably requested by IDDA in relation to any proceedings that IDDA or its Affiliates may take against any person for infringement of any of the Materials or any associated Intellectual Property Rights.
12.6 The Subscriber must not apply for or attempt to acquire any intellectual property that is the same as, or substantially identical or deceptively similar to the Materials or any associated Intellectual Property Rights without the prior written consent of IDDA.
12.7 IDDA will pay all costs, fees and expenses for and in relation to the application, prosecution, maintenance and renewal of any registrations which may be sought by IDDA in respect of the Materials or any associated Intellectual Property Rights.
12.8 The Subscriber agrees that it will, upon IDDA's reasonable request and at IDDA's sole cost and expense, use its reasonable endeavours to provide IDDA with any assistance necessary for IDDA to acquire, protect or maintain registration of any Materials or any associated Intellectual Property Rights during the term of this Agreement.
12.9 Upon receipt of a request from IDDA, the Subscriber must immediately destroy and certify the destruction of (by statutory declaration signed by a corporate officer of the Subscriber or return to IDDA all Materials of IDDA and all other technical or proprietary materials made available by IDDA in accordance with the direction issued.
13.1 If a party is or becomes aware of:
13.2 IDDA or its Affiliates must take and maintain all such actions, suits and proceedings as may be reasonably necessary or desirable to prevent, restrain or to obtain damages or other relief for or in respect of any Infringement, and to defend or prevent all Infringement Claims or Validity Claims. IDDA or its Affiliates can, in its sole discretion, but is not obliged to:
13.3 The Subscriber agrees to use its reasonable endeavours to provide, at IDDA's sole cost and expense, all assistance and documents required or reasonably requested by IDDA in relation to any proceedings that IDDA may be involved in, in respect of any Infringement, Infringement Claim, Validity Claim or unauthorised use of any of IDDA's or any of its Affiliates' Materials or associated Intellectual Property Rights or Confidential Information.
14.2 IDDA may provide the Services from any locations, and/or through the use of contractors, worldwide.
14.3 Without limiting clauses 3.5 and 16.1, Subscriber agrees to provide any information, and to obtain any consents, relevant to its use of the Services and Application, including those in relation to the collection, use, disclosure and storage of personal information of any individual whose personal information may be included in Subscriber Data.
15.1 Subscriber shall pay the Charges and any Additional Charges at the rate and in the manner specified in the Product Schedule. All Charges, once paid, are non-refundable, even if the Subscriber stops using the Application or Services.
15.2 All Charges and Additional Charges will be charged to the Subscriber in Australian dollars.
15.3 Subscriber shall pay IDDA such Additional Charges as IDDA invoices from time to time for the supply of goods or services not expressly required by this Agreement or (without limiting IDDA’s remedies at law) which were either required by Subscriber or incurred by IDDA in connection with Subscriber’s non-performance of this Agreement.
15.4 If Subscriber disputes the whole or any portion of an invoice submitted by IDDA, Subscriber shall pay the portion of the amount stated in the invoice which is not in dispute and shall notify IDDA in writing (within seven days of receipt of invoice) of the reasons for disputing the remainder of the invoice. If it is resolved that some or all of the amount in dispute ought properly to have been paid at the time it was first invoiced, then Subscriber shall pay the amount finally resolved together with 10% p.a. interest on that amount in accordance with the terms of payment set out in this Agreement.
15.5 Subscriber shall pay IDDA interest on any amount due and not paid by Subscriber within the time required by this Agreement at a 10% p.a. rate of interest.
15.6 If any Charges are not paid on time, IDDA may refer the matter (including Subscriber name and contact details to a debt collector or other third party to assist IDDA in collecting any fee not paid to IDDA, including conducting credit searches or listing Subscriber with a credit reporting agency.
15.7 In addition to paying the Charges and any other amount payable under or in connection with this Agreement (which are exclusive of GST), Subscriber will, if required by law:
16.1 IDDA is not liable to Subscriber under this Agreement or otherwise if and to the extent Subscriber's access to or use of any Services is contrary to any obligations, including those owed under contract or any laws.
16.2 IDDA may (but is not bound to) make Subscriber Data and any other information (in any form) relevant to Subscriber’s relationship with IDDA under this Agreement available to any person who provides reasonable evidence to IDDA of their right to this, including a law enforcement officer, a person representing any professional or industry standards organisation and representatives of any person to whom Subscriber Data pertains.
16.3 Subscriber shall indemnify IDDA against all loss (including costs, expenses, damages and liability, whether actual or prospective) incurred or likely to be incurred as a result of:
17.1 A party shall not, without the prior written approval of the other party, disclose the other party's Confidential Information.
17.2 A party shall not be in breach of subclause 17.1 for any uses or disclosures of Confidential Information which:
17.3 This clause shall survive the termination of this Agreement.
18.1 Subscriber acknowledges that the rights granted by IDDA to the Customer under this Agreement are non-exclusive except as provided for by this Agreement. IDDA may, during the Term and thereafter grant in its absolute discretion and without notice to the Subscriber, a access to the Services to any third party for use in respect of any business at any location, except within the Territory.
19.1 Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or liability implied in this Agreement or protected by law to the extent that such exclusion, restriction or modification would render this Agreement or any provision of this Agreement void, illegal or unenforceable. Subject to that, any condition, warranty, right or liability which would otherwise be implied in this Agreement or protected by law is excluded.
19.2 The Subscriber acknowledges and agrees that:
19.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this Agreement (by virtue of any law relevant to this Agreement) is excluded.
19.4 Pursuant to s 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)):
20.1 Except in relation to:
IDDA shall be under no liability to Subscriber in respect of any loss or damage (including loss of profits, loss of goodwill, loss of data and any special, indirect or consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in any way in connection with this Agreement (including in respect of goods or services supplied pursuant to this Agreement).
20.2 Without limiting the following sentence, Subscriber warrants that it has not relied on any representation made by IDDA which has not been stated expressly in this Agreement, or upon any descriptions, illustrations or specifications in any way relating to the Services including catalogues, website or publicity material produced by IDDA. Subscriber acknowledges that to the extent IDDA has made any representation which is not otherwise expressly stated in this Agreement, Subscriber has been provided with an opportunity to independently verify the accuracy of that representation.
20.3 Subscriber shall at all times indemnify and hold harmless IDDA and its officers, employees, contractors and agents ('those indemnified') from and against any loss (including legal costs and expenses and liability) incurred or suffered by any of those indemnified arising from any claims against those indemnified where such loss or liability was caused by a breach by Subscriber of its obligations under this Agreement or any wilful, unlawful or negligent act or omission of Subscriber.
20.4 In respect of any claim between the parties under or in connection with this Agreement, the parties agree that to the maximum extent permitted by law, this Agreement excludes the operation of any laws which would apportion any liability to IDDA which would not have been so apportioned but for such laws.
21.1 Without limiting the generality of any other clause in this Agreement, IDDA may terminate this Agreement or suspend performance of its obligations under this Agreement (for such period as IDDA specified) immediately by notice in writing if:
21.2 If any of the circumstances referred to (a)-(e) of the preceding subclause occur, Subscriber shall, if requested by IDDA, comply with IDDA’s requirement for IDDA (in addition to terminating this Agreement) to:
21.3 Subscriber agrees that on expiry or termination of this Agreement for any reason, all of its rights in respect of the Services (including its right to access the Application) shall end.
21.4 If Subscriber requests, and subject to Subscriber having discharged all of its obligations under this Agreement, IDDA shall, within one month after termination or expiry of this Agreement, provide Subscriber with a file containing Subscriber Data.
21.5 Subscriber agrees and acknowledges that IDDA has no obligation to retain any information relating to Subscriber (including Subscriber Data) and that all such information may be irretrievably deleted by IDDA after one month from the date of any suspension, termination or expiry of this Agreement.
22.1 IDDA shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay is due to Force Majeure. If a delay or failure is caused or anticipated due to Force Majeure, IDDA’s obligations will be suspended. If a delay or failure by IDDA to perform its obligations due to Force Majeure exceeds 60 days, IDDA may immediately terminate the Agreement on providing notice in writing to Subscriber.
22.2 If this Agreement is terminated pursuant to the preceding subclause, IDDA is not liable to refund any moneys paid by Subscriber pursuant to this Agreement.
This Agreement constitutes the entire Agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
The benefit of this Agreement shall not be assigned by Subscriber without IDDA's written consent. A change in control of or affecting Subscriber shall be deemed to be an assignment, with 'control' referring to the power to materially influence Subscriber’s decision making or policies.
25.1 No right under this Agreement shall be deemed to be waived except by notice in writing signed by each party. A waiver by IDDA will not prejudice its rights in respect of any subsequent breach of the Agreement by Subscriber. Any failure by IDDA to enforce any clause of this Agreement, or any forbearance, delay or indulgence granted by IDDA to Subscriber, will not be construed as a waiver of IDDA's rights under this Agreement.
25.2 The provisions of this Agreement will not be varied, except by agreement in writing signed by the parties.
26.1 Any dispute arising in connection with this Agreement which cannot be settled by negotiation between the parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators & Mediators Australia. During such arbitration, both Parties may be legally represented.
26.2 Nothing in this clause shall prevent a party from seeking urgent equitable relief before an appropriate court.
If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall be deemed read down to the extent reasonably appropriate to remove the invalidity, unenforceability or illegality.
This Agreement will be governed by and construed according to the law of the jurisdiction of New South Wales, Australia.
29.1 Notices under this Agreement may be delivered by hand, by mail, by facsimile or by email to email@example.com (IDDA) and to the Subscriber contact details listed on the Product Schedule.
29.2 Notice will be deemed given:
This Agreement may be executed in counterparts by the respective parties, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement, provided that this Agreement shall be of no force and effect until the counterparts are exchanged.
This Agreement shall be effective as of the Commencement Date.