By placing an order with AU Digital, you confirm that you are in agreement with and bound by the terms and conditions below.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE.
Definitions:
The Client: The company or individual requesting the services of AU Digital.
AU Digital: Primary web developer/site owner & employees or affiliates.
General
AU Digital will carry out work only where an agreement is provided either by email, mail or fax, and payment has been received. An ‘order’ is deemed to be a written or verbal contract between AU Digital and the client; this includes email agreements.
Pricing
All AU Digital quoting is based on an ongoing per month fixed cost, unless agreed otherwise. Inclusions and pricing for the Website Support Package are outlined in the package agreement provided during sign up. You will be consulted before any additional work requiring extra costs is performed. Payments must be made one month in advance for continual service.
Quotes are valid for 30 days only.
Payment Terms
Work will not commence or resume on the agreed website if there are monies outstanding from previous invoices or projects.
Support is charged in 30 minute blocks.
Payments are non-refundable.
Once an initial payment is paid, you are obliged to pay the ongoing monthly payments in advance, unless you notify AU Digital of cancellation of the service. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or AU Digital has not been contacted regarding the delay, support for the related website may be denied. We will then pass such cases to the Small Claims Court to pursue payment; non-payment can result in county court judgements (ccj’s) being added to the client’s credit rating.
Payment of invoices is required no later than 14 days from the date of the invoice unless by prior arrangement with AU Digital.
Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and, if need be, to seek payment through legal procedures and court summons.
Any additional costs incurred as a result of chasing late debts, including admin, emails, phone calls or faxes or third party charges will be added to the account in question.
Support Hours
Support is provided via telephone, email and web portal. Support will be delivered by a member of AU Digital’s technical team during the hours of operation below:
Telephone Support: Monday to Friday 9am – 5pm
Email/Web Portal Support: 24 x 7. Responses may take up to 48 hours, depending on holidays and weekend availability.
Exclusions
(a)Website Support Services do not cover problems caused by the following:
(i) Third Party Plugins installed by the client;
(ii) Modified Code developed by a third party or the client;
(iii) Theme updates if purchased by the client or a third party, unless the updated Theme files are provided to AU Digital, at the discretion of AU Digital. AU Digital will inform you if an additional fee is involved.
You may request assistance from AU Digital for such problems, for an additional fee.
(b) In the event that AU Digital suspects that a reported problem may be related to Modified Code developed by a third party, AU Digital, may, in its sole discretion,
(i) request that the Modified Code be removed, and/or
(ii) inform You that additional assistance may be obtained by You directly from various product discussion forums or by engaging AU Digital’s consulting/development services for an additional fee.
(c) Unused support hours do NOT rollover. Credit is NOT given to unused support hours. Any unused support hours including email/phone support, website fixes, and any other time related support outlined in the agreed Website Support Package will be forfeited after 30 days from the monthly support anniversary date.
(d) Hack fixes are only covered for up to 5 business days. If you have used all credits for hack fixes for your website support package within the calendar year and require extra support for hack fixes, additional fees apply per service. If you terminate and resume support within the same calendar year, any used support for hack fixes will be deducted from your website support package plan.
(e) Website Support Services do not cover new functionality requests. Website fixes only cover existing functionality on the website at the time of support commencement. However, it does include website fixes for modified code or extra functionality developed by AU Digital during the support period at the client’s request. You may request assistance from AU Digital for extra functionality, for an additional fee.
Restrictions
Support is delivered in English only.
Cancellation
Clients may cancel their Website Support Package at any time. Notice must be given at least 7 calendar days before the next monthly invoice is due via email to info@audigital.com.au.
If payment is not received by the invoice due date or anniversary date, no further work will be done until payment is made.
If payment is more than 21 days late then website support will be terminated. Outstanding invoices may need to be paid or terms may change to recommence support, at the discretion of AU Digital.
Limitation of Liability
IN NO EVENT WILL AU Digital BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ARISING UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER AU Digital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
* Prices subject to change without notice