TERMS & CONDITIONS
– Redback Digital Strategy Products and Services
– Domain Name Services
– Domain Name
– Payment Of Domain Registration And Renewal Fees
– Website Development
– Website Implementation / Design
– Casual Orders
– Web Hosting / Internet Access
– Online Marketing
– Linking To Search Engines
– Email Marketing
– Billing And Payment
– Correspondence Email Accounts
– Payment Of Setup, Reporting & Consultancy Fees
– Invoicing Of Ongoing Fees
– Declined Fee
– Recovery Of Fees
– Reconnection Fee
– Post-Debt Collector Accounts
– Suspension Of Account
– Quotation Expiry Date
– Termination / Cancelation Of Services
– Limitation Of Liability
These are the general terms and conditions of supply of the Redback Digital Strategy (hereafter “Redback Digital Strategy”) products and services. Please read these terms and conditions carefully. These terms and conditions apply to any or all of the products and/or services provided by Redback Digital Strategy to you from time to time. The Redback Digital Strategy products and services include domain name registration and renewal, web development, web design, database development, website hosting, email services, spam filtering and virus protection, Internet Access, Search Engine Optimisation, Online marketing, Google Adwords and shopping cart services.
DOMAIN NAME SERVICES
Domain name registration/renewal includes Melbourne IT Ltd fees which are valid for 2 years unless otherwise stated. The registering body sets Terms and Conditions for Domain Registration. It is ultimately the customer’s responsibility for maintaining their own domain name/s and Redback Digital Strategy cannot be held liable for losing ownership of the domain name, or loss of services due to expired domain name(s).
Payment of Domain Registration and Renewal Fees
All Registration and Renewal Fees are payable in full in advance and are non refundable. Redback Digital Strategy cannot guarantee that your domain name registration application will be successful. If your domain name has expired, is close to the expiration date or if the registrar of your domain name is not Melbourne IT Ltd, additional charges may apply to renew the domain name.
By submitting any application for a domain name to Redback Digital Strategy, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, is incomplete, incorrect, misleading in any way or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name. Any costs and renewal fees associated by asking Redback Digital Strategy to manage the domain on your behalf will be charged according to Redback Digital Strategy’s renewal fees.
Website Implementation / Design
All costs quoted are approximate only based on Redback Digital Strategy’s understanding of the requirements as outlined in communications between the customer and Redback Digital Strategy. Times and fees may vary due to items such as inconsistent data / database structures, inconsistent image format and quality, client changes etc. The customer will be charged for additional costs incurred by Redback Digital Strategy due to unforeseen / unspecified circumstances. The customer is to pay for any completed work in full before any new jobs commence. If the customer destroys or tampers with the original website and requires fixing then Redback Digital Strategy shall repair or re-instate the website at the Redback Digital Strategy standard hourly rate. Redback Digital Strategy’s assessment of allocation of Design and Development and Customer Support hours are final and not open to discussion or negotiation. All quotes are based on one design of the website by Redback Digital Strategy where a meeting will be set with the customer. In this meeting client can make as many changes as needed, Redback Digital Strategy will confirm these changes by email and will implement these changes, any changes after this will be done an hourly bases or on a new quote. When the final invoice for the order is issued to customer, the customer must inform Redback Digital Strategy in writing within 7 days of any discrepancies as otherwise the order is considered to be completed and all further amendments will be charge according to Redback Digital Strategy’s hourly rates.
Casual Orders is whereby a client has submitted small orders via email, fax or post. These orders will be invoiced for payment to you after completion at our standard casual order rate. No casual orders exceed more than 4 hours in total.
All website development, design and copywriting by Redback Digital Strategy on behalf of a “customer” remain the property of Redback Digital Strategy until the “customer” has made full payment of the relevant Agreement.
WEB HOSTING / INTERNET ACCESS
Please visit http://www.dhost.com.au/tcs.php for all our terms and conditions on hosting, D-Host is a related company and provide the marketing services for our clients. All our contracts terms and conditions for hosting are contained at this address.
Linking to Search Engines
Redback Digital Strategy cannot guarantee your Website and or Web pages will be accepted and listed within the search engines. Redback Digital Strategy submits your listing to major FREE search engines unless specifically stated otherwise.
Redback Digital Strategy will try to improve the position of your Website in the Search Engine results in response to any search request, however Redback Digital Strategy does not warrant that this effort is in any way guaranteed. Redback Digital Strategy cannot be held responsible for any changes to the position of your Website in the Search Engines results, as a consequence of any work Redback Digital Strategy has performed on or for your website.
Any special accounts that are setup on behalf of a client, such as, but not limited to, a Google Analytics or Google Adwords are not transferrable or accessible by the client at any time. Once the services are terminated with Redback Digital Strategy the account will not be accessible by the client.
Our Email marketing allows for bulk sending of emails, the emails sent by the customer must be double opt in , no spamming of customers is to occur and if in the view of Redback Digital Strategy the customer is spamming and using our email facility for spamming or inappropriate use then Redback Digital Strategy may terminate the use of the email marketing program. Redback Digital Strategy reserves the right to screen emails being sent through the system and if applicable to cancel or stop any campaign.
BILLING AND PAYMENT
Correspondence Email Accounts
It is your responsibility to ensure that you check and ensure that you are receiving Redback Digital Strategy correspondence email in the email address that you supplied to Redback Digital Strategy in the Client Agreement Form as this would be the primary method of communication between you and Redback Digital Strategy. It is your responsibility to clear out your Junk Mail folder and check for any Redback Digital Strategy correspondence. By not checking your email account does not disclaim you from paying your invoice outstanding amounts. Redback Digital Strategy is not responsible for checking your email accounts. Please refer to the Acceptable Use Policy on emails.
Payment of Setup, Reporting & Consultancy Fees
All Setup, Reporting & Consultancy Fees are payable in full in advance unless otherwise stated.
If you elect to pay by credit card, Redback Digital Strategy reserves the right to charge a payment processing fee which may vary from 1.00% to 3.25% depending on the credit card used, plus any applicable GST.
Invoicing of Ongoing Fees
Invoices for ongoing fees are delivered electronically via email notification. Invoices sent other than electronically, will incur a surcharge of $5.00 (excl. GST) per invoice issued, with the exception of any initial setup fee invoices.
If the customer has agreed on the Automatic Direct Debit Payment Method, it is the customer’s responsibility to ensure that sufficient funds are available in order to avoid dishonoured transaction fees. The customer is also responsible to provide Redback Digital Strategy with valid Credit Card details and Direct Debit Bank Account Details and keep their details up to date. The customer shall be charged a Declined fee for any transaction that returns as unsuccessful or declined.
The customer shall be charged for a Declined Fee of $11.00(incl. GST) for any transaction incurring non-payment/declined status, including but not limited to, Direct Debit Credit Card and Direct Debit Accounts.
Recovery of Fees
You agree that in the event of any action being taken by Redback Digital Strategy to recover any overdue amount due to it under these terms and conditions, any Redback Digital Strategy Order forms, including but not limited to, the Redback Digital Strategy development agreement, online marketing agreement, ADSL agreement or hosting agreement, any costs incurred by Redback Digital Strategy in recovering the debt including, without limitation, any legal expenses, collection agency charges or any other reasonable associated costs incurred by Redback Digital Strategy are payable by you to Redback Digital Strategy.
A Reconnection Fee of $49.50(incl. GST) shall be charged for Redback Digital Strategy to reconnect any previously deactivated services due to non-payment of account by the due date.
Post-Debt Collector Accounts
If your account had been in the care of Redback Digital Strategy’s Debt Collector Agency resulting in the outstanding amounts being settled and you still require DRedback Digital Strategy’s products and services then you will be required to commit to D-STRATEGY’s Automatic Direct Debit Agreement in order for Redback Digital Strategy to service you further. Redback Digital Strategy reserves the right to refuse to provide any service to the customer who had/has a post-debt collector account without providing reason to the customer.
Suspension of Account
Failure of payment by the due date for any invoice shall result in de-activation of client website, email and internet access services. A reconnection fee shall be charged to re-activate those services.
In respect of any services which are directly attributable to Redback Digital Strategy to the extent that such services are provided by Redback Digital Strategy or supplied by third parties, Redback Digital Strategy warrants that it will use its best endeavours to ensure that such services are provided with due care and skill.
You acknowledge to, and agree with, Redback Digital Strategy, that nothing in these terms or conditions or any agreement with Redback Digital Strategy shall constitute an express or implied warranty or guarantee by any employee, agent, reseller of Redback Digital Strategy or its third party service providers: 1. that the Services will be uninterrupted, error free or not subject to delays (technical or otherwise) 2. that the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Redback Digital Strategy or its third-party suppliers 3. concerning the results or success that may be obtained from the use of the Services 4. concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services 5. that our virus protection services will stop every virus from reaching your computer network.
You warrant to Redback Digital Strategy that you will only use your assigned services, including, but not limited to, your Website, email and Internet access, for lawful purposes. You further warrant and undertake to us that, you will not, nor will you authorise or permit any other person to, use our servers and equipment in violation of any law or regulation, recklessly post or link to or transmit any material that is unlawful or otherwise objectionable in any way, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction.
Redback Digital Strategy is not responsible or liable to return any material received from customers.
Redback Digital Strategy reserves the right to change these Terms and Conditions without notice to the Client. It is the responsibility of the Client to review Redback Digital Strategy’s Website periodically to ascertain whether these Terms and Conditions have changed. The amended Terms and Conditions will become effective as soon as they are posted on Redback Digital Strategy’s Website, following which, if the Client continues to use the service, the Client is deemed to have agreed to be bound by those amendments.
Quotation Expiry Date
Any quotations(except casual orders), proposals, or applications made and sent by Redback Digital Strategy are valid for only twenty-one(21) days from the quotation date or from the date the client received them, whichever comes earlier. Each quote is dependent on the supply of all informative content and graphics in an electronic format (i.e. Microsoft Word, Excel etc.) unless otherwise stated. Licences or payments for third-party software or goods are not included unless specifically specified.
Cooling Off Period
All contracts have a 10 business day cooling off period, a client may cancel at anytime during the Cooling Off period by providing notice in writing that they do not wish to continue the services.
Termination / Cancellation of Services
Product / Mentor / Marketing Agreement Cancellations ( not including hosting)
We do not provide cash refunds on products services or Mentor sales, however Redback Digital Strategy will gladly allow you to exchange any products or services you have purchased or provide a “store credit”. You have up to 18 months to use your “Store Credit” which we will place on your account for use at anytime.
To exchange part or all of your agreement to other products or services, other than what was outlined in the agreement, contact our Account Managers and they will gladly assist you. Please note that it only applies to goods we have not already commenced work on. As an example of you purchase branding and we have not started work on the branding then the value of branding can be exchanged for a store credit for later use or exchanged for other approved products in our range.
Store Credits are Credits placed on your account, you can use any credit amount at anytime to purchase any approved products or services we supply. We allow up to 18 months to use the store credit from time of approval. Store Credits cannot be exchanged for cash.
Limitation of Liability
You agree that neither Redback Digital Strategy nor its third-party providers shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Redback Digital Strategy or its third-party providers (as the case may be) has been advised of the possibility of such damages.
Redback Digital Strategy will not be liable in any way for your Content that is posted or linked to on your website or email, or loss of any of your Content or files (including, without limitation, email files) transferred either to or from you or stored or backed-up by you or any of your customers via the Services and/or any damage to or loss to your Content as a result of any request by you.
Redback Digital Strategy accepts no further responsibility for damages caused to customers other than to the value of payments made by the customer to Redback Digital Strategy in the preceding 12 months for that particular service.
Redback Digital Strategy also bears no responsibility for third-party services. Please review our Privacy Statement for full details of our use of personal data.