Client Terms of Service
Last Updated 30-04-2021
CLIENT TERMS OF SERVICE
By using our Services, you agree to these Terms including any changes that we might make to them over time. We will let you know whenever we make any changes, but it is your responsibility to check the Terms from time to time to make sure that you understand them.
Quote means the fully inclusive cost quote that we give you for our Services including the description of the scope of the work that we will do for you.
Services means the digital marketing products and services, consulting services, IT solutions including products and services, cybersecurity advisory services and products, and other products and services provided by us.
We, Our and Us means Michal Plis trading as Cyberkite (ABN 78 346 678 744) including our employees, contractors and affiliates.
You and Your means anyone using our Services.
We will provide our Services professionally and in accordance with law and industry standards at all times.
The Services we provide are as described on our Website.
For certain Services, we will give you a Quote which sets out the scope of the work that we will do for you including delivery time and price.
When we are providing our Services, we ask that you represent and warrant:
That you will provide all relevant information for us to carry out our Services in a timely manner;
You hold the relevant and required current insurances to protect us (where relevant) for the use of any work and for our Services, including but not limited to any third party claims.
Our prices and payment methods are either as shown on our Website or as quoted to you.
Depending on the Service you use, you must either prepay for the Service on our Website or when we issue an invoice to you, which can be on a once-off, monthly or other basis.
If we issue an invoice to you, payment must be made within 10 days of the date of the invoice. If we do not receive payment within this time, we have the right to suspend your account until payment is received. If payment is late more than once, we have the right to suspend your account indefinitely and it will be our sole discretion if and when we restore your account. Any invoices issued must be paid through the third party payment gateway provider stipulated by us.
You are responsible for all amounts payable from the time your account is established until your account is cancelled or terminated.
Amounts that are overdue for more than 60 days will be referred to a debt collection agency. If this occurs, you will be liable to pay the outstanding amount and any debt collection expenses.
Any overdue amounts will incur interest at the corporate overdraft reference rate published by the Commonwealth Bank of Australia from time to time.
By providing your credit card or other direct debit details to us, you authorise us to automatically deduct any amounts payable from your credit card or account whenever the amounts are due, until your account is cancelled or terminated under these Terms.
CANCELLATION, TERMINATION AND REFUNDS
You may cancel a Service by advising us in writing. The following will apply if you cancel a Service:
Ongoing services payable monthly – No refund will be given for the month of cancellation.
Coaching, training and consulting sessions – A full refund will be given if you cancel at least 24 hours before the session. No refund will be given if you cancel less than 24 hours before the session.
Other services & products – You must pay for any work that we have completed plus a 25% administration fee (based on the total price). A full refund will be given for any unopened hardware or equipment less a 20% restocking fee.
Where we have provided a Quote for our Services, the timing and delivery of those Services as well as any non-refundable deposit will be individual to the work and Quote provided. It will be clearly indicated in the Quote document.
No refunds will be given for Service or software interruptions that are due to third parties or any other factors outside of our control.
Some of our Services may have a minimum term. If you cancel one of these Services, you must pay the minimum term payment in addition to any other fees payable.
We have the right to terminate or suspend your account in the following situations:
If you breach these Terms; or
If we suspect that you have committed any fraudulent, abusive or illegal activities. If this occurs, we may also refer you to the appropriate law enforcement authorities.
If we terminate or suspend your account:
We may immediately deactivate your account including any related information on our Website;
We may bar you from accessing our Website or Services in the future;
We will not be liable to you or anyone else for any claims or damages that are related in any way to the termination or suspension; and/or
We do not have to provide any refund to you.
You may request a variation of any Service that we have quoted you at any time. Regardless of the variation, you agree to pay for any work that we have completed under the original Quote.
We reserve the right to vary our prices without notice in the following situations:
If a third-party supplier changes their pricing which affects the delivery of our Services to you;
If you request a variation of a Service;
If additional costs including specific licence fees or other costs are required to deliver our Services to you; and
As otherwise determined by us.
We will let you know in writing if we make a variation to our prices.
PRIVACY AND CONFIDENTIALITY
We will keep confidential and secure any confidential information that you give us to enable us to provide our Services to you. We will not disclose the information to a third party unless it is required for us to provide our Services to you. In that situation, we will ensure that the third party is under the same duty of confidentiality as us. We will also disclose confidential information if we are required by law or a regulatory authority, or if you give us written permission to do so. You agree to clearly indicate to us if certain information is confidential.
Our primary means of communication with you is via our Website, which will be used for making bookings, requesting and issuing Quotes, issuing invoices, etc.
If you experience any problems with our communications, please let us know and we will address the problem.
LIABILITY AND INDEMNITY
Our liability is governed by the Australian Consumer Law (ACL) which sets out the rights and guarantees that you have as a consumer. These rights and guarantees cannot be taken from you.
Unless required by law, we are not liable for any loss you may suffer as a result of using our Services. This includes any type of loss including direct, indirect, consequential or special damages, and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, business interruption, or loss of data or information.
We will not be liable for any failure or delay in the provision of our Services caused by anything that is outside our control including but not limited to acts of god, war, strikes or labour disputes, embargoes or government orders.
If we cannot exclude liability, our total liability to you will be limited to the supplying of our Services to you again or the payment of the cost of having the Services supplied to you again.
You agree to indemnify us against all claims, losses and/or damages whether direct or indirect arising from your breach of these Terms or related to your use of our Services.
Our Services are designed to give you facts, information, insights, ideas and recommendations to assist you. These are dependent on the accuracy and completeness of the information that you provide us. We do not guarantee that our Services will produce a particular outcome or result for you. You agree to decide what may work best for you and to make your own assessment after careful consideration of your situation.
In the delivery of our marketing Services, we may provide you with estimates or targets that could be achieved in marketing your business, however any statement we may make as to any marketing campaign achieving a specified number of potential customers, members, subscribers or leads is our estimate of what can be achieved and we do not guarantee that number of potential customers, members, subscribers or leads will actually be achieved. We do not guarantee any increase in business, revenue, customers or any business aspect at any time.
We make no warranty that our Website will be available on an uninterrupted, secure or error-free basis. We will use reasonable endeavours to ensure the Website is always available and virus-free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the Website becomes unavailable for any lengthy and unusual time period.
You agree to assume all risk in using our Website and Services and that we are not liable for your use of or reliance on the Website or Services.
Ownership of Intellectual Property (‘IP’) and Confidential Information: Any materials you may provide to us will remain your property and you warrant you have the ownership or licensing rights to provide this material to us in order to enable us to provide you with our Services.
Any programs, plans, strategy, processes, programs, images, and other intellectual property (together ‘Cyberkite Materials’) will be provided with the relevant licensing to you with a perpetual license to use the Cyberkite Materials subject to any third party licensing rights or requirements. In other words, we will provide you with a licence where appropriate and if you are using another company’s IP such as software as a result of our Services, you are subject to their individual terms and licensing conditions.
These terms and conditions represent the whole agreement between you and us concerning your use and access to the Services. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
If any part of these terms is not enforceable in a court of law, that part will be excluded from the terms and the rest of the terms will continue to be enforceable.
If you breach the terms and we do not take any action, that does not mean we have waived our right to take any action at another time.
You agree that these terms and any disputes relating to these terms are subject to the laws and courts of Victoria.
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