Terms and Conditions

Sympact's Terms and Conditions

Rates

Sympact's hourly rates are as folllows:

  • Server labour: $180.00
  • Workstation and device labour: $150.00
  • Networking labour: $150.00
  • Website, Email and Domain Labour: $150.00
  • Travel: $99.00
  • After Hours Surcharge (Outside of Mon-Fri 9am to 5:30pm and any public holidays): $30.00 per hour

All prices are in Australian Dollars and include GST.

The minimum billable time is 15 minutes, and time is billed in 15 minute increments.

Sympact reserve the right to change fees at any time. Thirty (30) days notice will be given by email prior to the revised rates being used. Any quoted projects accepted prior to the rate revision will be honoured at the proposed rate.

Planning, Notice and Delivery Times

Sympact prefers to take the correct amount of time to not only deliver The Client's solution, but to consider The Client's business, industry and operating environment to deliver the right solution. To this end, Sympact take a little longer at times to complete The Client's project.

The Client must agree to give Sympact a reasonable amount of time to complete projects, and agree that the time The Client thinks it may take to complete a project or request may be vastly different to Sympact's time requirements.

This includes but is not limited to the following situations and their impact on timeframes:

  • Converting a graphic representation of a website to HTML code requires many days for coding and testing.
  • Converting a graphic representation of an email newsletter to HTML code requires a few days for coding and testing.
  • Registration of domain names can take 48 hours to complete.
  • Changes to DNS records or establishment of new DNS records can take 48 hours for the changes to take effect.
  • Transfer of a domain name from one registrar to another can take up to 5 days.
  • Any tasks that require third party work are reliant on the turnaround times of the third party.

The Client agrees that time frames required to complete a project or task begin from the time the project or task was started being worked on, as opposed to the time when the project or task was requested or a response from Sympact in reply to the request was received.

The Client agrees that delivery dates must be agreed upon by Sympact and The Client. Any changes to the original specifications will negate the agreed delivery date.

Project Deposit and Payment

Request for payment shall be by way of emailed invoice in PDF format from our automated invoicing system. All payment terms are contained in each invoice and/or the proposal document which advises the cost of the goods and services.

Additions

Any additions to an already accepted quotation or proposal will be treated as a separate project and a separate quotation or proposal will be submitted. If additional requests for modifications are required to be done during development, an additional quotation will be issued, and acceptance will be required prior to development of the additional requests.

GST and Currency

All prices on any document from Sympact include GST, and are shown in Australian Dollars unless marked otherwise on the document.

Confidentiality

Except as otherwise provided in this agreement, each party considers its "Confidential Information" to be proprietary, and all such information shall at all times, and throughout the world, remain the property of the disclosing party, exclusively, and all applicable intellectual property ownership in the disclosing party's confidential information shall remain the property of the disclosing party, exclusively.

Upon termination of this agreement, both parties shall return to each respective disclosing party all tangible materials and copies thereof containing confidential information received from the disclosing party. In the case of electronic material, all such material will be placed on an electronic media device and returned to the disclosing party, with a signed document stating that the information contained within the media has been permanently deleted from the receiving party's technology infrastructure.

Advice

Any advice given verbally or in writing (including email), by Sympact or it's authorised representatives, is not professional advice and is followed at The Client's own risk.

Travel and Meetings

If The Client requests any representative from Sympact to visit The Client's premises or location in any capacity, travel fees will apply (as defined in the 'Rates' section) and in the case of interstate or international travel, or travel in excess of 3 hours one-way driving time, will cover airfare (if applicable), accommodation and car rental.

If The Client requests a meeting with Sympact (either at a Sympact office or elsewhere), then unless The Client is notified in writing (or by email) that the attendance at the meeting is at no charge, then the time spent in the meeting will be charged at a rate of $150 per hour.

Terms of Payment

Invoices are to be paid within 14 days of the date of the invoice, or according to the terms stated on the invoice. An administration fee of $35 will be applied to invoices on the first overdue day, and will be applied for every 7 days the invoice remains unpaid after its due date. Invoices unpaid over 14 days past its due date will be lodged with a collection agency, and at 14 days past the due date, all services provided by Sympact or on behalf of Sympact will be suspended until payment is received (including web site hosting and email services).

Any fees or charges applied by the collection agency will be applied to The Client's account.

When a telephone call (by a real person) is required to notify a client of an overdue account, then an $8 administration charge will be applied to The Client's account.

Once a payment is made, no refunds will be paid unless required by the laws of Australia and Tasmania. If a payment is made in error, or a credit is offered for any reason, then this will be a credit held for application to future invoices.

Spam Law Compliance

If The Client is using any service that transmits email, SMS or any other electronic message from our servers, you agree to comply with the requirements of the Spam Act 2003.

Privacy Law Adherence

The Client agrees that any personal information stored on any system or device supplied, managed or referred to by Sympact will be held in accordance with the Privacy Act 1988 and the Privacy Amendment (Enhancing Privacy Protection) Act 2012.

Allowance for Unforeseen Circumstances

Although we will research The Client's situation, unforeseen circumstances may cause additional work. For example, if The Client may not have disclosed required information or incorrect assumptions were made. In this case, an additional quotation will be issued.

Hosting and Third Party Providers

Sympact will only host websites that Sympact have designed and/or created. All content and services hosted with Sympact are hosted on the servers at Web24 Pty Ltd and all of their corresponding terms, conditions and acceptable
usage policies apply to this such service provision.

All domain name registration and domain management is provided by TPP Internet (A subsidiary of NetRegistry and MelbourneIT) and all of their corresponding terms, conditions and acceptable usage policies apply to this service provision.

If The Client uses Google's online services including but not limited to Google Search, Google Apps, Google Maps, Webmaster Tools, Google Places (as well as any future iterations of these products), then The Client agrees to all of the respective provider's corresponding terms, conditions and policies including but not limited to the provider's acceptable usage policies. To read these terms, conditions and policies please contact the provider.

If The Client uses Microsoft online services including but not limited to Office365 and Bing (as well as any future iterations of these products), then The Client agrees to all of the respective provider's corresponding terms, conditions and policies including but not limited to the provider's acceptable usage policies. To read these terms, conditions and policies please contact the provider.

If Sympact are using any other third party provider's services at The Client's request or instruction, or if Sympact decide that they are required, including but not limited to Facebook, Twitter and YouTube, then The Client agrees to follow their respective and relevant terms and conditions.

Errors and Omissions in Quotations

All care is taken to ensure the contents of Sympact's proposals, agreements and quotations are correct, however in the case of errors and omissions, such proposal, agreement or quotation will be re-submitted, or if these are discovered after the work has been carried out, additional charges or credits may be applied.

Customisation Disclaimer

The Client agrees that if it requests customisation of an existing system, or custom development of a product or part of an existing product, The Client will be charged for all work done at the rate of $150 per hour, unless The Client is advised in writing (or by email) that you will not be charged.

The Client agrees that if the product requires improvement in the future for any reason (including a change in the way the product or services is required to operate), that The Client will be charged at the rate of $150 per hour, or at a price agreed upon by way of a quotation document, unless The Client is advised in writing (or by email) that they will not be charged.

Expectations

Sympact does not take responsibility for unmet expectations.

Sympact will advise in writing (including email) of the products and services that will be supplied. If the provision of such products and services does not meet The Client's expectations, The Client agrees that they will still be charged at the rate of $150 per hour for the hours worked, or as per this agreement for recurring charges, or as per the quotation document if one was issued for the request, and then, if The Client requests that more work be done, and Sympact is able to deliver, The Client will be charged for all additional work required to make modifications and/or additions in order to meet The Client's expectations.

Renewals

If The Client does not reply to a renewal request (which is normally sent by email), and make the invoiced pre-payment for renewals, Sympact will not renew The Client's services.

Limitation of Liability and Disclaimer

Sympact makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Sympact will not be held responsible for any and all damages resulting from products and/or services it supplies. Sympact will not be held responsible for any and all damages resulting from delays in the delivery of products and services. Sympact is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.

The Client agrees not to hold Sympact responsible for any such loss or damage. Any claim against Sympact shall be limited to the relevant fees paid by The Client. Sympact reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage by The Client is bound by their respective Terms and Conditions.

Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Tasmania and the parties agree that the Courts of Tasmania, Australia shall have jurisdiction to entertain any action in respect of, or arising out of, this agreement. The Client agrees that the proper forum for any claim arising under this agreement shall be in the state of Tasmania.

Spelling and Grammar

It is The Client's responsibility to provide or correct any spelling or grammatical errors contained on any artwork, video, presentation, website page or any other media provided or created by Sympact.

Website, Web Application and Email Hosting

Mission Critical Hosting is a requirement for your website to have guaranteed uptime. Sympact DOES NOT offer mission-critical web hosting. We do not guarantee uptime of DNS hosting, web hosting, email hosting, backups, backup email provision, or any other service, nor do we guarantee the speed at which your site is delivered.

Email Transmission Service

No Guarantees: If any of the services that Sympact is delivering includes email transmissions, The Client understands that Sympact does not guarantee the success of email transmissions through either The Client's email account(s), or any bulk email functionality of any of Sympact's products or services. Furthermore Sympact will not be held responsible for any and all damages resulting from incorrect generation or incorrect delivery of any email transmitted through any email transmission system or email server that is provided.

Spam Law Compliance: If any of the services that Sympact is delivering includes email and/or SMS transmissions, The Client agrees to comply with the requirements of the Spam Act 2003.

Adherence to Copyright

The Client agrees that any material supplied to Sympact, or obtained by requesting us to obtain from a source The Client directs Sympact to, is in accordance with the copyright ownership of that material. That is, any material The Client asks Sympact to use, The Client agrees that they own the copyright for that material or have written permission to use the material in the manner requested.

Intellectual Property

Sympact owns all source code, display code, database structures, interface and graphic design, work-flow and logic plans that it has created or creates during the period of this agreement, and at no time will any intellectual property ownership transfer away from Sympact. The Client will own all completed custom-designed artwork, custom-designed master graphic files and unique content which it has supplied. Any artwork provided by Sympact that Sympact has a royalty-free non-exclusive licence to use, is owned by the original artist, and may be used on other Sympact projects as Sympact sees fit.

Fixing Errors

Any coding errors made by Sympact, and identified as such by Sympact, will be fixed after identification according to severity and urgency. Any errors (coding or otherwise) that are identified by Sympact as being caused by incorrect information or instructions being supplied, or incorrect and/or unintended usage will be fixed according to severity and urgency, and will be charged at Sympact's hourly rate at the time at which the fix occurs.

Physical Product Purchases

Delivery: Delivery times advised are estimates only and Sympact will not be liable for any loss, damage or delay suffered or incurred by The Client arising from late or non-delivery of the products.

Inspection and acceptance: The Client must inspect the products upon delivery to their premises and advise Sympact if the product does not match the quotation or order in any way.

Risk: The products will be at the risk of The Client as soon as the product has been either delivered to a location nominated by The Client, picked up from the Sympact office by a person nominated by The Client or removed from the Sympact office at the direction of The Client by any other means. Sympact will not be liable for any damage or defects in the product that has been caused by the improper storage or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair of the product.

Title: The title in the product supplied to The Client will not pass to The Client and will remain the property of Sympact until all monies owing to Sympact for any account are paid in full. If The Client owes any monies to Sympact and these amounts extend beyond the terms of the invoices provided by Sympact, then The Client authorises Sympact to enter onto any premises housing products supplied by Sympact to reclaim these products limited to the amount owed by The Client.

Returns, Refunds and Warranty: Sympact does not allow any returns except for the passing of faulty products from The Client to Sympact's supplier for the purpose of using a manufacturers' warranty. The risk for the returned product will remain with The Client for the entire warranty process unless covered by the receiving manufacturer. Any freight costs, removal costs, reinstallation costs and any other costs associated with returning a product to the manufacturer will be the responsibility of The Client. If returned products are no longer available, a refund will only be supplied if the manufacturer, or Sympact's supplier offers such a refund. Refunds will be exclusive of any labour components required to prepare the product for sale. If legislation requires Sympact provide a warranty, it will be limited to what Sympact is able to do, and will be limited to the replacement of products, resupply of equivalent products or payment of the cost of replacing the products.

Product Availability: If, when Sympact places the order for products with their supplier, the product in this proposal is no longer available, then an alternative product will be re-quoted. If payment has already been made for a product that is no longer available, then an invoice for the difference between the originally quoted product and an alternative product will be issued and must be paid prior to Sympact ordering the product.

Amendments and Changes

If The Client or Sympact require any amendments or changes to be made to this agreement, these changes must be submitted to each party via email or post (in writing), and if the changes are agreed to by both parties to this agreement, then the agreement will be redrawn and resubmitted by Sympact, and this new agreement will be signed and will supersede the agreement it replaces.

Non-Disclosure Agreement

Information that will be disclosed by both parties in the course of business discussions will include proprietary and confidential information not generally known in the public arena in tangible formats and/or on media or in visual or verbal form. It is mutually understood and agreed that the confidential information is being disclosed for the purpose of management of The Client's information technology systems, and may be used only for that purpose.

1: In recognition of both parties' proprietary interests and the advisability of taking reasonable and prudent measures to protect those interests, both parties agree as follows:

  • Both parties agree to safeguard the confidential information with the same degree of care, as they each would use to protect their own valuable confidential business information and otherwise exercise a high degree of
    care in dealing with any such information in recognition of its proprietary nature.
  • Both parties shall permit access to confidential information strictly on a 'need-to-know basis' only to those employees who have first been advised of the proprietary nature of the confidential information and who agree
    to maintain the confidentiality thereof. For the purposes of this agreement 'employees' shall include third parties retained on a contract basis with the understanding that contracted technical parties shall only be granted access to confidential information subject to the other party's prior written consent.
  • All intellectual property that is owned by the disclosing party shall remain the property of the disclosing party.

2: The obligations of paragraph 1 above shall not apply to any material or information to which either party can demonstrate by credible evidence that any of the following exceptions apply:

  • Information that is in the public domain and/or which enters the public domain through no breach of this agreement;
  • Information received from a third party who has the legal right to possess and disseminate any such information;
  • Information independently developed without the use of confidential information;
  • Confidential information approved for release by either party's written authorisation to the extent of and subject to such conditions as may be imposed in such written authorisation;
  • Confidential information disclosed in response to a valid order of a court and/or other government body of Australia, but only to the extent of and for the purpose of such order, provided, however, that the party so ordered to make the disclosure shall timely notify the other party of the order so that the other party may seek
    a protective order.

3: It is mutually understood and agreed that any violation of paragraph 1 above, would likely cause irreparable injury to either party for which it would have no adequate remedy. Any disputes arising under this agreement shall be subject to binding arbitration conducted by a private dispute resolution service. The prevailing party in any action or arbitration under this paragraph shall be entitled to an award of attorney fees including any fees/costs associated with the enforcement of any such arbitration award and/or court order(s).

4: Nothing contained in this agreement or in any discussions undertaken or disclosures made pursuant hereto shall

(a) be deemed a commitment to engage in any business relationship, contract or future dealing with the other party, or

(b) limit either party's right to conduct similar discussions or perform similar work to that undertaking pursuant hereto, so long as said discussions or work do not violate any term of this agreement.

5: No patent, copyright, trademark or other proprietary right is licensed, granted or otherwise transferred by this agreement or any disclosure hereunder, except for the right to use such information in accordance with the terms of this agreement and for no other purpose than specified herein.

6: This agreement may not be assigned by either party without the prior written consent of the other. No permitted assignment shall relieve a party of its obligations hereunder with respect to confidential information disclosed to that party prior to the assignment. Any assignment in violation of this paragraph shall be void. This agreement shall be binding upon the parties and their respective successors and assigns.

7: This agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior communications, agreements and understandings relating thereto. The provisions of this agreement may not be modified, amended or waived, except by a written instrument duly executed by both parties.

8: Upon termination of this agreement, both parties shall return to each respective disclosing party all tangible materials and copies thereof containing confidential information received from the disclosing party. In the case of electronic material, all such material will be placed on an electronic media device and returned to the disclosing party. with a signed document stating that the information contained within the media has been permanently deleted from the receiving party's technology infrastructure.

9: If any provision of this agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this agreement and replaced by a valid and enforceable provision, which as far as possible achieves the original intent of the agreement.

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