Brisbane Digital Co. Website Terms
This website (Site) is operated by Brisbane Digital Co, ABN: 11 636 895 039 (we, our or us). It is available at: brisbanedigital.co and may be available through other addresses or channels.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using our Site to defame, harass, threaten, menace or offend any person;
(c) interfering with any user using our Site;
(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(e) using our Site to send unsolicited email messages; or
(f) facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
You read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
Engagement Terms and Conditions
Tax Invoices are payable within seven (7) days of being raised.
If for any reason, the client terminates the work contract with Brisbane Hosting & Website Design or Brisbane Digital Co, all work up to that point must be paid for. In the event of non-payment after appropriate measures have been made by Brisbane Hosting & Website Design and Brisbane Digital Co to recover payment for work done, including reminders and payment extensions for overdue accounts, the Tax Invoice will be forwarded to a partnering credit control company where the client will be liable for any interest and additional administration charges incurred during the overdue period.
All outstanding invoices for work completed must be paid before cPanel, domain key and 365 master admin credentials will be supplied.
No refunds or partial refunds are available for unused portions of the month or year. If you use several of our services (such as email hosting or domain registration), you must advise which services you want cancelled.
If, through any unforeseen circumstances, changes to the scope of work are required by you the client, additional charges shall apply. Where additional items or extra functionality is required (ie not outlined within the initial scope or quote), a re-Quotation may be required. In some cases where an exact quote cannot be given due to variables or third-party software integrations outside of our control, the hourly rate will be applied.
The client acknowledges that the intellectual property remains that of the developers and there is no assignment of intellectual property rights in:
(a) any pre-existing material which is incorporated into, or which has been used in the course of, developing the software product including design, code, functionality and so on; or
(b) the user interface of the software product including any member areas etc.
Both parties acknowledge that there is no assignment of intellectual property rights in third party content which is incorporated and displayed on the software product, if such content is owned by a third party and has not been the subject of an intellectual property ownership assignment.
Copyright laws and international copyright treaties protect all software products and accompanying documentation developed by Brisbane Hosting & Website Design and Brisbane Digital Co. The software product is licensed, not sold. You may not transfer the licence, modify, copy, redistribute, sell, lease or reverse engineer the software product.
Content including text and images used on the website and provided by the client, require Copyright clearances from the owners of such content. Acquiring appropriate clearances in writing are the responsibility of the client.
Limitation of Liability
To the extent not prohibited by law, in no event will the developer be liable for any lost revenue, profit or data, or for special, indirect consequential, incidental or punitive damages (however caused, regardless of the theory of liability) arising out of/or related to the use of, or inability to use, the software product, even if the developers have been advised of the possibility of such damages.
Brisbane Hosting & Website Design and Brisbane Digital Co will endeavour to set up and optimise your website. However, in rare cases, SEO of a website can be unsuccessful. Brisbane Hosting & Website Design and Brisbane Digital Co will not be held responsible for actions or outcomes directly associated with the SEO activities of our website as described above.
The given quotation is based upon the submitted client brief. Development time is calculated based on the normal time it would take to complete the scope of work indicated by the client and contingencies are allowed for to cover most issues arising. Best efforts are made to adhere to the specific time and financial aspects. However, security, software incompatibilities and other unforeseen circumstances are out of the hands of the developer and cannot be budgeted for. Likewise, delays imposed by the client will be added to the expected date of completion.
This quotation is valid for thirty (30) days from the date of the quotation.
Commencement of work assumes acceptance of the Terms and Conditions.
Expectations & Requirements
Updates are limited to one round of changes unless otherwise specified, to be supplied by client all at one time.
For any questions and notices, please contact us at:
Brisbane Digital Co, ABN: 11 636 895 039
Call: 07 3889 2977
Last update: 27th March 2020