Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern AltitudeUnlimited.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to AltitudeUnlimited.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and AltitudeUnlimited.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that AltitudeUnlimited.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), AltitudeUnlimited.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of AltitudeUnlimited.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

AltitudeUnlimited.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of AltitudeUnlimited.com.au.

LINKS TO OTHER WEBSITES

AltitudeUnlimited.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between AltitudeUnlimited.com.au and the owners of those websites. AltitudeUnlimited.com.au takes no responsibility for any of the content found on the linked websites.

AltitudeUnlimited.com.au’s website may contain information or advertisements provided by third parties for which AltitudeUnlimited.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, AltitudeUnlimited.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. AltitudeUnlimited.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of AltitudeUnlimited.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At AltitudeUnlimited.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. AltitudeUnlimited.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

AltitudeUnlimited.com.au may be required, in certain circumstances, to disclose information in good faith and where AltitudeUnlimited.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of AltitudeUnlimited.com.au. AltitudeUnlimited.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then AltitudeUnlimited.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. AltitudeUnlimited.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

AltitudeUnlimited.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and AltitudeUnlimited.com.au concerning your use and access to AltitudeUnlimited.com.au’s website and your use and access to the documents and information on it. 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.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and AltitudeUnlimited.com.au that results in litigation then you must submit to the jurisdiction of the courts of VIC.

Graphic Design Terms of Business & Services

These terms of business and services cover the conditions of working with Altitude Unlimited as a customer or client and details specific terms for the supply of services. We ask all clients to read and understand these conditions before accepting a quote.

Sections:

  1. Business Terms
  2. Financial Terms & Charges
  3. Creative Media Terms
  4. Data Storage Policy
  5. Disclaimer and Wavier
  6. Service Specific Terms
  7. Additional Terms

Abbreviations:
Altitude Unlimited: Means Altitude Unlimited Pty Ltd
Client: Means the customer / the Client.

 

  1. Business Terms

    1. Contract: The instruction for work to commence and/or acceptance of quote and/or the payment of the required deposit by the Client constitutes a contractual agreement between the Client and Altitude Unlimited. These actions also indicate that the Client has read and agreed to the Terms of Business & Services outlined in this documentation and other Terms of Business & Services documents relevant for the Client’s project.
    2. Start date of works: Work on projects will commence within 10 working days from the date the required deposit is paid and cleared unless a prior agreement exists.
    3. Agreement of delivery: Acceptance of agreements and deposits by Altitude Unlimited constitutes their agreement to deliver the outlined project subject to these ‘terms of business & services’ and compliance of these terms by the acting Client. This does not include customer satisfaction.
    4. Delivery schedule: Altitude Unlimited agrees to deliver work in a timely manner and inform the Client of any reasons why if an agreed deadline cannot be met. No compensations in financial or services are offered for projects completed after scheduled delivery dates.
    5. Supply of Materials & Instructions: The Client agrees to provide materials, instructions and feedback in a timely, concise and professional manner, via email, online brief forms, organised DropBox folder, etc. SMS and verbal instructions WILL NOT suffice. Failure to do so will delay the project and may result in additional charges and/or the project being cancelled by Altitude Unlimited.
    6. Customer satisfaction: Should the Client be unsatisfied with the final media the project can be cancelled. Paid deposits are forfeited. Balances remaining will not be due. Intellectual copyright of final artwork / source code / images will remain with Altitude Unlimited as per ‘Intellectual copyright’ terms as within. Alternatively, the project can be revised in order to rectify any dissatisfaction the Client has and bring the project to a satisfactory state. No additional charges will be due unless revisions are deemed excessive, will take longer than the quoted hours estimated for the whole project, or the project needs to be started from scratch.
    7. Cancellation: The Client may terminate the contract at any point but in doing so will forfeit the deposit. In instances where deposits were not requested and formal agreement to these terms of business were respected, Altitude Unlimited reverses the right to charge for any hours worked at their hourly rate. All uncompleted designs remain the intellectual copyright of Altitude Unlimited as per the ‘Intellectual Copyright’ terms as within.
    8. Time Frames: Unless otherwise arranged, Altitude Unlimited agrees to complete all projects within 8 weeks of the Start Date of Works. If a delay occurs due to the actions of the Client, including but not limited to the supply of copywriting, images, other content to include in the Work, or lack of adequate feedback or approval by the Client, and the project extends beyond the 8 week period, Altitude Unlimited reserves the right to invoice the Client for the full amount of the completed project. The project can then be completed at a later date when the Client is ready to proceed but Altitude Unlimited reserves the right to charge a reasonable fee for completing this Work if they deem appropriate.
    9. Office Hours: Altitude Unlimited observes modified office hours, often outside of regular business office hours i.e. 9am-5pm AEDT (Melbourne time). Due to these modified times of operation, Altitude Unlimited does not charge additional rates for overtime or out-of-business-hours rates. Altitude Unlimited reserves the right to change this at any time.
  2. Financial Terms & Charges

    1. Quotations: The price quoted to a client is for the cost to complete the project as detailed in the quotation. Alterations or adverse changes to a project brief may result in a re-quote being delivered to the client where additional charges may or may not apply. Quotes are valid for the number of days stated on the quotation.
    2. Deposit: A deposit of 50% of the total cost of the project is required before work can commence. On occasions alternative deposit amounts are scheduled. This deposit is non-refundable. The remaining 50% shall become due during and/or at the completion of the project when the Work is completed to the reasonable satisfaction of the Client (Subject to the terms under section 4 of this document “Completion of Work”)
    3. Payment Options: Payment is currently accepted by direct deposit in Australian Dollars (AUD) unless otherwise agreed. See quotation or invoice terms for details.
    4. Payment Due Dates: Invoices are due by the due date stated on them. Late payments are subject to interest charges and service suspension where applicable, see invoice terms for details.
    5. Call Outs and Meeting Charges: To compensate time away from the workstation, where customers request a meeting or a call out, we apply the following charges at an hourly rate of $132 with a minimum charge of $132. Time is recorded from the departure of our offices up until our return and includes the time during the meeting / call out. PLEASE NOTE:
      • Prospects are excluded from these charges.
      • Pre-scheduled meetings that were quoted for or included in a project quote are excluded from these charges.
      • Charges exclude any materials / Intellectual Property supplied as part of the call out and in turn such materials / Intellectual Property will be invoiced separately.
      • Meetings held at our offices are charged as described above and in line with any exclusions.
    6. Hourly Rate: The current hourly rate for non-quoted projects or call outs or meetings as described above is $132.00 per hour.
    7. Work Outside our Scope: Any technical or specialised work specifically requested by the Client that is outside our scope or abilities may be outsourced. Altitude Unlimited will aim to provide alternative solutions to match the Client’s needs.
  3. Creative Media Terms

    1. Intellectual copyright: Altitude Unlimited will hold intellectual copyright of any material, including any source code, designs and photography created for the Client, until payment of the final invoice is made. At this time, we will transfer the intellectual copyright to the Client. Copyright of stock imagery used in web or graphic designs are represented by their own respective copyright notices and intellectual copyright.
    2. Client responsibilities with regard to copyright: In situations where clients provide images, text, animations or any other content for their design materials, website or media publication(s) they are legally responsible for ensuring that this material does not infringe any copyright laws.
    3. Mock and draft designs: Any mock / draft designs supplied to the Client by Altitude Unlimited remain the intellectual copyright of Altitude Unlimited.
    4. Use in Portfolio: Altitude Unlimited reserves the right to use examples of all finished work for display purposes as part of a portfolio / gallery of work. Only work which is complete and paid for in full will be used and Altitude Unlimited may in some cases provide a link or acknowledgement directly to customer / client’s website.
    5. Proofing: Clients are responsible for final proofing of Works. We check all our Work before publishing, but clients are responsible for final proofing. Altitude Unlimited cannot be held liable for any errors found after the Client has approved a Work for publishing.
    6. Accreditations: On all website design work Altitude Unlimited reserves the right to credit work to Altitude Unlimited with the inclusion of a worded statement and / or hyperlink where seen fit. Clients can request the exclusion of credits with prior agreement with Altitude Unlimited. Credit exclusions are chargeable at $132.00 per website. The client agrees that unauthorised removal of credits on designs such as websites will automatically impose the credit exclusion fee, charged at $132.00. Should Altitude Unlimited fail to include accreditations in completed website projects the Client is not liable for a credit exclusion fee.
    7. Publishing, print & digital supply: Final artwork / source code / images / other materials are only published to the Internet / submitted to print / supplied to the client once the final invoice is paid or the customer account terms are met.
  4. Data Storage Policy

    1. Data Storage: Altitude Unlimited stores final client artwork / source code / images / other materials for a sufficient period preceding the completion of the project and up to a point when the project is deemed dormant. Dormant project files are archived for a maximum period of 5 years after the completion of the project. Altitude Unlimited does not accept responsibility to archive final client artwork / source code / images / other materials for any period longer than 5 years.
    2. Client Supply: Clients can request project files to be supplied to them electronically, though they accept responsibility for the safe keeping of these files from that time and beyond any archive period detailed above.
    3. Supporting Files: Supporting files, used for the creation of any project(s) yet not included in the final project files are deleted when the project is deemed dormant and therefore Altitude Unlimited holds no liability or responsibility to store such media files on their system(s).
    4. Backup Liability: Altitude Unlimited takes appropriate precautions and practices to backup Client project files through a range of backup and archive systems. However, Altitude Unlimited offers no guarantee or warranty for projects neither deemed dormant nor past any archiving period detailed above.
    5. Wavier: In the event of an act of God or circumstances beyond their control, and ensuring all precautionary practices were followed, Altitude Unlimited holds no liability for the safe keeping or backup of the Client’s project files nor the responsibility to re-create any such files without fees.
  5. Disclaimer and Wavier

    1. Wavier of terms: Should Altitude Unlimited waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Altitude Unlimited to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. Altitude Unlimited reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above points be required please contact Altitude Unlimited.
    2. Delivery date extension: In circumstances and / or eventualities beyond our control Altitude Unlimited reserves the right to extend delivery dates if required. This includes situations including but not limited to system crashes, data loss, power failure, loss of Internet access or acts of God.
    3. Holidays: Where applicable Altitude Unlimited reserves the right to extend project delivery dates, scheduled website updates and meetings during times of scheduled holidays without limitation to family or personal emergencies. As much as possible any such pre-scheduled holiday plans are taken into account when setting project delivery dates.
  6. Service Specific Terms

    1. Website design terms
      Website warranty: Websites come with a one-month warranty from the published date to ensure system establishment and foundation. Any errors, defects, changes or minor additions are made without charge within this time period. For full terms & conditions refer to Altitude Unlimited’s Web Design Terms document.
    2. Website maintenance terms
      Maintenance plan terms: Website maintenance agreements abide to a Website Maintenance Terms document as well as the conditions here within. Reference this agreement for details.
  7. Additional Terms

    1. Where applicable we may impose additional terms and conditions individually respective of the media design / project concerned. These additional terms if any will be detailed in the quotation supplied for the media design / project concerned.

Acknowledgment: hola.net.au | April 2019 – v1

 

Website Design Terms of Business & Services

These terms of business and services cover the conditions of working with Altitude Unlimited as a customer or client and details specific terms for the supply of services. We ask all clients to read and understand these conditions before accepting a quote and / or providing instructions to commence work.

Contract: The Client’s approval for work to commence shall be deemed a contractual agreement between the client and Altitude Unlimited.

Important: Approval by email for the work to commence indicates that the Client accepts the terms and conditions outlined in the document.

Sections:

  1. Definition of Terms
  2. Business Terms
  3. Financial Terms & Charges
  4. Completion of Work
  5. Creative Media Terms
  6. Data Storage Policy
  7. Disclaimer & Waiver
  8. Intellectual Property
  9. Rights & Responsibilities
  10. Interpretation
  11. Service Specific Terms
  12. Additional Terms

Abbreviations:
Altitude Unlimited: Means Altitude Unlimited Pty Ltd
Client: Means the customer / the client.

 

Definition of Terms

Domain Name: The root address of a website, e.g. www.example.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee

Copyright: Refers to laws that regulate the use of the work of a creator, such as an artist, photographer or author. This includes copying, distributing, altering and displaying creative, literary and other types of work.

Downtime: Time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.

Host: The company on whose system the Website physically resides.

Link, Hyperlink: A ‘clickable’ link embedded on a web page which may take
the form of a graphic or text.

Search Engine: A website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.

Website: A collection of web pages and associated code which forms an integrated presence.

 

  1. Business Terms

    1. Contract: The instruction for work to commence and the payment of the required deposit by the client constitutes a contractual agreement between the client and Altitude Unlimited. The instruction for work to commence and / or payment of the required deposit indicates the client has read and agreed to the terms & conditions outlined in this documentation.
    2. Start Date of Works: Work on projects will commence within 10 working days from the date the required deposit is paid and cleared unless a prior agreement exists.
    3. Agreement of Delivery: Acceptance of agreements and deposits by Altitude Unlimited constitutes their agreement to deliver the outlined project subject to the terms and conditions outlined in this document and compliance of these terms by the Client. This does not include customer satisfaction.
    4. Delivery Schedule: Altitude Unlimited agrees to deliver the finished project by either the scheduled or agreed date of delivery subject to any disclaimers / waiver’s as within. No compensations in financial or services is provided for projects completed after scheduled delivery dates.
    5. Time Frames: Unless otherwise arranged, Altitude Unlimited agrees to complete all projects within 3 months of the Start Date of Works. If a delay occurs due to the actions of the Client, including but not limited to the supply of copywriting, images, other content to include in the website, or lack of adequate feedback or approval by the Client, and the project extends beyond the 3 month period, Altitude Unlimited reserves the right to invoice the Client for the full amount of the completed project. The project can then be completed at a later date when the Client is ready to proceed but Altitude Unlimited reserves the right to charge a reasonable fee for completing this works if they deem appropriate.
    6. Office Hours: Altitude Unlimited observes modified office hours, often outside of regular business office hours i.e. 9am-5pm AEDT (Melbourne time). Due to these modified times of operation, Altitude Unlimited does not charge additional rates for overtime or out-of-business-hours rates. Altitude Unlimited reserves the right to change this at any time.
  2. Financial Terms & Charges

    1. Quotations: The price quoted to a client is for the cost to complete the project as detailed in the quotation. Alterations or adverse changes to a project brief may result in a re-quote being delivered to the client where additional charges may or may not apply. Quotes are valid for the number of days stated on the quotation.Deposit: A deposit of 50% of the total cost of the project is required before work can commence. On occasions alternative deposit amounts are scheduled. This deposit is non-refundable. 
The remaining 50% shall become due during and/or at the completion of the project when the Work is completed to the reasonable satisfaction of the Client (Subject to the terms under section 4 of this document “Completion of Work”)
    2. Payment Options: Payment is currently accepted by direct deposit in Australian Dollars (AUD) unless otherwise agreed. See quotation or invoice terms for details.
    3. Payment Due Dates: Invoices are due by the due date stated on them. Late payments are subject to interest charges and service suspension where applicable, see invoice terms for details.
    4. Call Outs and Meeting Charges: To compensate time out of our offices, where customers request a meeting or a call out, we apply the following charges at an hourly rate of $132 with a minimum charge of $132. Time is recorded from the departure of our offices up until our return and includes the time during the meeting / call out. 
PLEASE NOTE:
      • Prospects are excluded from these charges.
      • Pre-scheduled meetings that were quoted for or included in a project quote are excluded from these charges.
      • Charges exclude any materials / Intellectual Property supplied as part of the call out and in turn such materials / Intellectual Property will be invoiced separately.
      • Meetings held at our offices are charged as described above and in line with any exclusions.
    5. Hourly Rate: The current hourly rate for non-quoted projects or call outs or meetings as described above is $132.00 per hour.
    6. Registration & Hosting Fees: Altitude Unlimited either refers clients to third party businesses who supply domain registration and hosting services, or on occasions acts on the Client’s behalf to place orders through these third parties. As such Altitude Unlimited has no control over the costs or services provided by these third parties but does attempt to source the best options for the Client. Domain registration and hosting services need to be renewed, generally yearly or every 2 years, for a price that is outside Altitude Unlimited’s control. Altitude Unlimited is not responsible for any price increases or service changes made by these third parties now or in the future.
    7. Work Outside our Scope: Any technical or specialised work specifically requested by the Client that is outside our scope or abilities may be outsourced. Altitude Unlimited will aim to provide alternative solutions to match the Client’s needs.
  3. Completion of Work

    1. Completion of Work: Altitude Unlimited warrants completing the Work in accordance with the terms and conditions stated in this document, to the specifications previously agreed with the Client. Altitude Unlimited will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Altitude Unlimited will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.
    2. Supply of Materials: The Client is to supply all materials and information required for Altitude Unlimited to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, copywriting, logos and other printed and digital materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Altitude Unlimited has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. The Client may also be charged a fee if their delay in supplying such materials is deemed excessive and causes the project to exceed a 3-month period. (Refer to Section 2e of this document for further clarification.)
    3. Approval of Work: On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Altitude Unlimited in writing (email will suffice), of any unsatisfactory points within 30 days of receipt of such notification. Any of the Work which has not been reported in writing to Altitude Unlimited as unsatisfactory within the 30-day review period will be deemed to have been approved. Approved work, or deemed approved work, cannot subsequently be rejected, and the contract will be deemed to have been completed and the 50% balancing payment will become due.
    4. Customer Satisfaction: If the Client rejects the Work within the 30 day review period, or will not approve subsequent Work performed by Altitude Unlimited to remedy any points reported by the Client as unsatisfactory, and Altitude Unlimited considers that the Client is unreasonable in their repeated rejection of the Work, the contract will be deemed to have expired. Paid deposits are forfeited. Intellectual Copyright of final artwork / source code / images will remain with Altitude Unlimited as per ‘Intellectual Copyright’ terms as within, and Altitude Unlimited can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
    5. Cancellation: The client may terminate the contract at any point but in doing so will forfeit the deposit. In instances where deposits were not requested and formal agreement to these terms of business were respected, Altitude Unlimited reserves the right to charge for any hours worked at their hourly rate and any associated costs. All uncompleted designs remain the intellectual copyright of Altitude Unlimited as per the ‘Intellectual Copyright’ terms as within.
    6. Payment: Towards the end of the project, Altitude Unlimited will invoice the Client for the 50% balancing payment, which, in the absence of agreement to the contrary, is to be paid by the Client by the due date stated on the invoice. Our terms are usually 14 days from the date the invoice is issued. Invoices will be issued by email. Altitude Unlimited will send email reminders at times after the invoice due date for accounts that have not been settled. Payments not received by the due date may incur a late fee. Until full payment is received all works remain the intellectual copyright of Altitude Unlimited and the Client has no right to use these works.
    7. Remedies for Overdue Payment: If payment has not been received by the due date, Altitude Unlimited reserves the right to suspend ongoing work for the Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 21 days after the due date, Altitude Unlimited reserves the right to replace, modify or remove the Website and revoke the Client’s license of the Work until full payment has been received. By revoking the Client’s license of the Work or removing the Website from the Internet, Altitude Unlimited does not remove the Client’s obligation to pay any outstanding monies owing.
  4. Creative Media Terms

    1. Intellectual Copyright: Altitude Unlimited will hold intellectual copyright of any material, including any source code, designs and copywriting created for the client, until payment of the final invoice is made. At this time, we will transfer the intellectual copyright to the client. Copyright of stock imagery used in web or graphic designs are represented by their own respective copyright notices and intellectual copyright.
    2. Mock & Draft Designs: Any mock / draft designs supplied to the client by Altitude Unlimited remain the intellectual copyright of Altitude Unlimited.
    3. Use in Portfolio: Altitude Unlimited reserves the right to use examples of all finished work for display purposes as part of a portfolio / gallery of work. Only work which is complete and paid for in full will be used and Altitude Unlimited may in some cases provide a link or acknowledgement directly to customer / client’s website.
    4. Proofing: Clients are responsible for final proofing of artwork, web designs, copywriting and other material created by Altitude Unlimited. We check all our artwork, designs and materials before publishing, but clients are responsible for final proofing. Altitude Unlimited cannot be held liable, financially or otherwise, for any errors found after the client has approved artwork, designs or materials.
    5. Accreditations: On all website design work Altitude Unlimited reserves the right to credit work to Altitude Unlimited with the inclusion of a worded statement and / or hyperlink where seen fit. Clients can request the exclusion of credits with prior agreement with Altitude Unlimited. Credit exclusions are chargeable at $132.00 per website. The client agrees that unauthorised removal of credits on designs such as websites will automatically impose the credit exclusion fee, charged at $132.00. Should ALTITUDE UNLIMITED fail to include accreditations in completed website projects the Client is not liable for a credit exclusion fee.
    6. Publishing, Print & Digital Supply: Final artwork / source code / images / other materials are only published to the Internet / submitted to print / supplied to the client once the final invoice is paid.
  5. Data Storage Policy

    1. Data Storage: Altitude Unlimited stores final client artwork / source code / images / other materials for a sufficient period preceding the completion of the project and up to a point when the project is deemed dormant. Dormant project files are archived for a maximum period of 5 years after the completion of the project. Altitude Unlimited does not accept responsibility to archive final client artwork / source code / images / other materials for any period longer than 5 years.
    2. Client Supply: Clients can request project files to be supplied to them electronically, though they accept responsibility for the safe keeping of these files from that time and beyond any archive period detailed above.
    3. Supporting Files: Supporting files, used for the creation of any project(s) yet not included in the final project files are deleted when the project is deemed dormant and therefore Altitude Unlimited holds no liability or responsibility to store such media files on their system(s).
    4. Backup Liability: Altitude Unlimited takes appropriate precautions and practices to backup Client project files through a range of backup and archive systems. However, Altitude Unlimited offers no guarantee or warranty for projects neither deemed dormant nor past any archiving period detailed above.
    5. Wavier: In the event of an act of God or circumstances beyond their control, and ensuring all precautionary practices were followed, Altitude Unlimited holds no liability for the safe keeping or backup of the Client’s project files nor the responsibility to re-create any such files without fees.
  6.    Disclaimer & Wavier

    1. Wavier of Terms: Should Altitude Unlimited waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Altitude Unlimited to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. Altitude Unlimited reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above points be required please contact us.
    2. Delivery Date Extension: In circumstances and / or eventualities beyond our control Altitude Unlimited reserves the right to extend delivery dates if required. This includes situations such as system crashes, data loss, power failure, loss of Internet access, acts of God or delays caused by the Client including failure to supply materials or adequate feedback.
    3. Holidays: Where applicable Altitude Unlimited reserves the right to extend project delivery dates, scheduled website updates and meetings during times of scheduled holidays without limitation to family and personal emergencies. Any such pre-scheduled holiday plans are taken into account when setting project delivery dates where applicable.
    4. Third Parties: Altitude Unlimited is unable to take responsibility for services provided by third parties through us or otherwise, including but not limited to the Hosting of the Client’s Website.
    5. Maintenance & Correction of Errors: Altitude Unlimited is unable to take responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website once the initial contract has been completed. Errors (both technical and typographical) attributable to Altitude Unlimited will be corrected free of charge. Altitude Unlimited reserves the right to charge a reasonable fee for correction of errors for which Altitude Unlimited is not responsible, including but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided by the Client.
    6. Extent of Work: Installation to the Internet is limited to the uploading of all necessary files to the Host, and testing functionality. The Website is provided to and accepted by the client as a fully functioning, completed work and Altitude Unlimited is not responsible for future support unless stated in your invoice. Future support can normally be provided upon request and for an agreed fee. However, no guarantee of future support is given unless an ongoing support package is negotiated and paid for.
    7. Consequential Loss: Under no circumstances will Altitude Unlimited be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should be aware that unless they have a maintenance contract, Altitude Unlimited does not hold any responsibility for keeping backup copies of the Website. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimise possible losses as a result of software failure. Unfortunately, malicious software, spyware, viruses and website hacking are common threats and Altitude Unlimited cannot be held responsible for problems that develop on completed sites as a result of such illegal activity. Should changes in technology mean that at some future date the website no longer functions as originally intended, Altitude Unlimited will undertake to update the website accordingly, subject to a contractual hourly fee.
    8. Status & Duration of Quotations: Website quotations are valid for the period stated on the quotation. Altitude Unlimited is not bound to honour quotations that have expired. Quotations are not legally binding until an acceptable timetable for the work has been agreed upon by both parties. This timetable must be agreed within the timeframe that the quotation is valid. If an acceptable timetable has not been approved by both parties within that time, the quotation is deemed to have expired.
    9. Search Engine Listings: Registration of the Website with Search Engines will only be undertaken if contractually agreed with the Client and Altitude Unlimited cannot guarantee listings as the Search Engines themselves determine who to list. All sites will be designed with search engine appeal in mind, but Altitude Unlimited is unable to make any guarantees about the success of any search engine positioning. Altitude Unlimited can outsource specific Search Engine Optimisation requests to a recognised specialist or refer the client to a recognised specialist.
  7. Intellectual Property

    1. Quotations and Proposals: Quotations and proposals made by Altitude Unlimited to potential clients should be treated as confidential and remain the property of Altitude Unlimited. Such quotations and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from Altitude Unlimited. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
    2. Warranty by Client as to Ownership of Intellectual Property Rights: The Client will obtain all the necessary permissions, copyrights and authorities in respect of the use of all copy, graphic images, business logos, names and trademarks or any other material it supplies to Altitude Unlimited for inclusion on the Website. The conclusion of a contract between Altitude Unlimited and the Client shall be regarded as a guarantee by the Client to Altitude Unlimited that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a breach of the law. By agreeing to these terms and conditions, the Client removes the legal responsibility of Altitude Unlimited and indemnifies them from any claims or legal actions however related to the content of the Client’s Website.
    3. Domain Name: Any Domain Name obtained will belong to the Client. The Client agrees to indemnify Altitude Unlimited, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the Domain Name sought is not a trademark of a third party.
    4. Licensing: Once Altitude Unlimited has received full payment of all outstanding invoices and the Work has been approved by the Client, the Client will be granted a license to use the Website and its contents.
  8. Rights & Responsibilities

    1. Right to Terminate: Altitude Unlimited reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable. Should the client wish to cancel at any point during the process they shall forfeit any monies already paid and remain liable for the work that has taken place and shall be invoiced accordingly. Cancellation may also be agreed with mutual consent and Altitude Unlimited will invoice accordingly.
    2. Events Beyond the Control of Altitude Unlimited: Altitude Unlimited will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Altitude Unlimited, including a delay in supply of materials or feedback by the Client.
    3. Supply and Pricing of Services: Altitude Unlimited reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.
  9. Interpretation

    1. Jurisdiction & Arbitration: This Agreement shall be governed by the laws of Australia which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Altitude Unlimited and the Client. The said contract is void where prohibited by law. Altitude Unlimited design and develop websites in accordance with the Client’s specifications. It is the Client’s responsibility to ensure that the Website and its content comply with standing regulations. Any dispute arising out of, or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration.
    2. Survival of Contract: Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable by law.
    3. Change of Terms & Conditions: These terms & conditions may change from time to time. For the latest version of this document please visit our website.
  10. Service Specific Terms

    1. Website design terms
      Website warranty: Websites come with a one-month warranty from the published date to ensure system establishment and foundation. Any errors, defects, changes or minor additions are made without charge within this time period. For full terms & conditions refer to Altitude Unlimited’s Web Design Terms document.
    2. Website maintenance terms
      Maintenance Plan Terms: Website maintenance agreements abide to a ‘website maintenance plan terms and conditions’ as well as the conditions here within. Reference this agreement for details.
  11. Additional Terms

    1. Where applicable we may impose additional terms and conditions individually respective of the media design / project concerned. These additional terms if any will be detailed in the quotation supplied or via email for the media design / project concerned.

Acknowledgment: hola.net.au | April 2019 – v1

Website Maintenance Terms of Business & Services

These terms of business and services cover the conditions of working with Altitude Unlimited as a customer or client and details specific terms for the supply of a Website Maintenance Service. We ask all clients to read and understand these conditions before accepting a quote and / or providing instructions to commence work.

Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and Altitude Unlimited.

Important: Approval by email for the work to commence indicates that the client accepts the terms and conditions outlined in the document.

Abbreviations:
Altitude Unlimited: Means Altitude Unlimited Pty Ltd
Client: Means the customer / the client

Authorisation:
The Client is engaging Altitude Unlimited to access their website/s files and update, backup, scan, add or remove them as part of a website maintenance service.

Client Agreement:
If purchasing a monthly or quarterly plan, the Client agrees to pay their invoice on time and in advance of maintenance tasks being carried out by Altitude Unlimited. The Client may cancel the package by providing written notice (email will suffice) no later than the 21st of the month prior to ceasing the agreement.

Altitude Unlimited Agreement:
Altitude Unlimited agrees to conduct the following each month or quarter depending on the Client’s package:

  • Theme, plugin and WordPress version updates when available
  • Security/vulnerability scan
  • Performance scan
  • Page & post optimisation
  • Full website backup
  • Provide recommendations for improvements, if any.
  • Some plans may include uptime monitoring and Google Analytics reporting as well. The Client can request Altitude Unlimited to include these in their package.

In order to make content updates or development changes, the Client must complete Altitude Unlimited’s website maintenance brief form outlining the changes they would like Altitude Unlimited to make. This form must be completed and submitted to Altitude Unlimited on or before the 28th of each month.

1.     General Terms:

    1. Payment Options: Payment is currently accepted by direct deposit in Australian Dollars (AUD) unless otherwise agreed. See quotation or invoice terms for details.
    2. Payment Dates: Invoices will be issued at the end of each month (or next/closest business day) and are due within 14 days. Once payment is received, Altitude Unlimited will conduct the set maintenance tasks during the second or third week of each month (or quarter). The Client is still liable for payment for that month unless the Client has cancelled their package by providing written notice as stated in the “Client Agreement” section of these Terms & Conditions.
    3. Work Outside our Scope: Any technical or specialised work specifically requested by the Client that is outside our scope or abilities may be outsourced. Altitude Unlimited will aim to provide alternative solutions to match the Client’s needs.
    4. Completion of Work: Altitude Unlimited warrants completing the Work in accordance with the terms and conditions stated in this document, to the specifications previously agreed with the Client. Altitude Unlimited will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. Altitude Unlimited will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.
    5. Approval of Work: On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Altitude Unlimited in writing (email will suffice), of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Altitude Unlimited as unsatisfactory within the 7-day review period will be deemed to have been approved. Approved work, or deemed approved work, cannot subsequently be rejected, and the contract will be deemed to have been completed.
    6. Customer Satisfaction: If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by Altitude Unlimited to remedy any points reported by the Client as unsatisfactory, and Altitude Unlimited considers that the Client is unreasonable in their repeated rejection of the Work, the contract will be deemed to have expired. Paid deposits are forfeited. Intellectual Copyright of final artwork / source code / images will remain with Altitude Unlimited as per ‘Intellectual Copyright’ terms as within, and Altitude Unlimited can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
    7. Consequential Loss: Under no circumstances will Altitude Unlimited be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should be aware that only when a current maintenance contract is in place, will Altitude Unlimited hold responsibility for keeping backup copies of the Client’s website. Unfortunately, malicious software, spyware, viruses and website hacking are common threats and Altitude Unlimited cannot be held responsible for problems that develop on the Client’s website as a result of such illegal activity. If such a problem does occur however, if a current website maintenance package is in place, Altitude Unlimited agrees to restore the Client’s website with the latest uncompromised backup copy within 7 days of written notification (email will suffice). In most circumstances, websites will be restored sooner than 7 days. Should changes in technology mean that at some future date the website no longer functions as originally intended, Altitude Unlimited will undertake to update the website accordingly, subject to the time allowed for in the current website maintenance package OR for a quoted hourly fee.

 

2.    Data Storage Policy

    1. Data Storage: Altitude Unlimited stores final client artwork / source code / images / other materials for a sufficient period preceding the completion of the project and up to a point when the project is deemed dormant. Dormant project files are archived for a maximum period of 5 years after the completion of the project. Altitude Unlimited does not accept responsibility to archive final client artwork / source code / images / other materials for any period longer than 5 years.
    2. Client Supply: The Client can request project files to be supplied to them electronically, though they accept responsibility for the safe keeping of these files from that time and beyond any archive period detailed above.
    3. Supporting Files: Supporting files, used for the creation of any project(s) are deleted when the project is deemed dormant and therefore Altitude Unlimited holds no liability or responsibility to store such media files on their system(s).
    4. Backup Liability: Altitude Unlimited takes appropriate precautions and practices to backup Client project files through a range of backup and archive systems. However, Altitude Unlimited offers no guarantee or warranty for projects neither deemed dormant nor past any archiving period detailed above.
    5. Wavier: In the event of an act of God or circumstances beyond their control, and ensuring all precautionary practices were followed, Altitude Unlimited holds no liability for the safe keeping or backup of the Client’s project files nor the responsibility to re-create any such files without fees.

 

3.    Disclaimer & Wavier

    1. Wavier of Terms: Should Altitude Unlimited waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Altitude Unlimited to waive the same clause on any other occasion. By agreeing to these terms and conditions the Client’s statutory rights are not affected. Altitude Unlimited reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above points be required please contact us.

 

4.    Additional Terms

    1. Where applicable we may impose additional terms and conditions individually respective of the media design / project concerned. These additional terms, if any, will be detailed in the quotation supplied or via email for the media design / project concerned.

Acknowledgment: hola.net.au | April 2019 – v1

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